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^ 1987 



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The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



; ^ORTH , 



TITU 



EXECUTIVE ORDERS 

FINAL DECISION LETTERS 

PROPOSED RULES 
Administration 
Agriculture 
Commerce 
Human Resources 
Insurance 
Justice 

Medical Examiners 
NR&CD 
State Personnel 

FINAL RULES 

Corrections 

Revenue 

Transportation 

LIST OF RULES AFFECTED 

ISSUE DATE: APRIL 15, 1987 
Volume 2 • Issue 1 • Pages 1-137 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published monthly and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 1 508 of the 
General Statutes. All proposed administrative rules and amend- 
ments filed under Chapter 1 508 must be published in the Register. 
The Register will typically comprise approximately one hundred 
pages per issue of legal text. 

State law requires that a copy of each issue be provided free 
of charge to each county in the state and to various state officials 
and institutions. The North Carolina Register is available by 
yearly subscription at a cost of ninety-five dollars ($95.00) for 
12 issues. 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings. P. O. 
Drawer 11666, Raleigh, N C 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF RULES 

An agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include a reference to the Statutory 
Authority for the action, the time and place of the public hearing 
and a statement of how public comments may be submitted to 
the agency either at the hearing or otherwise; the text of the 
proposed rule or amendment: and the proposed effective date 

The Director of the Office of Administrative Hearings has 
authority to publish a summary, rather than the full text, of any 
amendment which is considered to be too lengthy In such case, 
the full text of the rule containing the proposed amendment will 
be available for public inspection at the Rules Division of the 
Office of Administrative Hearings and at the office of the 
promulgating agency. 

Following publication of the proposal in the North Carolina 
Register, at least 60 days must elapse before the agency may take 
action on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency must file 
any adopted or amended rule with the Office of .Administrative 
Hearings. If it differs substantially from the proposed form 
published as part of the public notice, the adopted version will 
again be published in the North Carolina Register 

A rule, or amended rule, cannot become effective earlier than 
the first day of the second calendar month after the adoption is 
filed. 

Profwsed action on rules may be withdrawn by the pro- 
mulgating agency at any time before final action is taken by the 
agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, some 
agencies may issue temporary rules. A temfxjrai7 rule becomes 
effective when adopted and remains in effect for the period 
specified in the rule or 120 days, whichever is less. An agency 
adopting a temporary rule must begin normal rule-making 
procedures on the permanent rule at the same time the temporai7 
rule is adopted. 



NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 38 occupational licensing boards. The NCAC 
comprises approximately 15.000 letter size, single spaced pages 
of material of which approximately 35^ is changed annually. 
Compilation and publication of the NCAC is mandated by G.S. 
l508-63(b) 

The Code is divided into Titles and Chapters Each stale agency 
IS assigned a separate title which is further broken down by 
chapters. Title 2 1 is designaisd for CKCupational licensing boards. 

The NCAC is available in two formats. 

( 1 ) In looseleaf pages at a minimum cost of two dollars and 
50 cents (S2 50) for 10 pages or less, plus fifteen cents 
($0.15) per each additional page 

(2) On microfiche The microfiche edition is revised semi- 
annually (March and October) and can be purchased for 
forty dollars ($40 00) per edition. Due to the volume 
of the Code, the complete copy can only be purchased on 
microfiche. The NCAC on microfiche is updated 
monthly by publication of a "List of Rules Affected' 
which jets out rules filed the previous month, the action 
taken, and the effective date of the change This list is 
published in the North Carolina Register 

Requests for looseleaf pages of rules .'r the NCAC on 
microfiche should be directed to the Office of Administrative 
Hearings. 



NOTE 

The foregoing is a generalized statement of the procedures to 
be followed For specific statutory language, it is suggested that 
Articles 2 and 5 of Chapter 150B of the General Statutes by 
examined carefully. 



CITATION TO THE NORTH CAROLINA REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date 1:1 NCR 101-201, April 1, 1986 refers to 
Volume 1 , Issue 1 , pages 101 through 201 of the North Carolina 
Register issued on April 1. 1986. 



North Carolina Register Published monthly by the 
Office of Administrative Hearings, P. O. Drawer 11666, 
Raleigh, North Carolina 27604, pursuant to Chapter 150B 
of the General Statutes. Subscriptions ninety-five dollars 
($95.00) per year. 

North Carolina Administrative Code Published in 
March and October by the Office of Administrative 
Hearings, P. 0. Drawer 1 1666, Raleigh, Nonh Carolina 
27604, pursuant to Chapter 1508 of the General Statutes. 
Subscriptions forty dollars ($40.00) per edition. 



NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 
P. O. Drawer 11666 
Raleigh, NC 27604 
(919) 733 - 2678 



Staff: 

Robert A. Melott, 

Director 
James R. Scarcella, 

Deputy Director 
MoUy Mason, 

Assistant Director 
Ruby Creech, 

Publications Coordinator 
Mary Fowler, 

Editorial Assistant 
Teresa Johnson, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 
Tammy Poole, 

Records Clerk 



ISSUE CONTENTS 



EXECUTIVE ORDERS 

Executive Orders 34-42 



II. 



III. 



FINAL DECISION LEITERS 




Voting Rights Act .... 


10 


PROPOSED RULES 




Administration 




State Employees 




Combined Campaign . . . 


13 


Agriculture 




Pesticide and Plant 




Protection 


13 


Commerce 




Departmental Rules . . . 


i4 


Human Resources 




Mental Health 


15 


Insurance 




Life Accident and 




Health Division .... 


17 


Justice 




Education and Training 




Standards Commission 


19 


Medical Examiners .... 


95 


NR&CD 




Coastal .Management . . 


94 


Environmental 




Management 


29 


Marine Fisheries 




Commission 


84 


State Personnel 


96 



rV. FINAL RULES 

Corrections 

Parole Commission . . . 106 

Prisons 105 

Revenue 

Individual Income Tax 107 

Motor Fuels Tax 

Division 108 

Transportation 

Motor Vehicles 109 

V. LIST OF RULES AFFECTED 

Volume 12, No. 1 131 

(April 1, 1987) 



VI. CUMULATIVE INDEX ... 136 



NORTH CAROLINA REGISTER 

Publication Deadlines and Schedules 

(April 1987 - March 1988) 



Issue 


Last Day 


Last Day 


Earliest 


Earliest 


♦ 


Date 


for 


for 


Date for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Adoption 


Effective 






Filing 


Hearing 


by Agency 


Date 


******** 


******** 


******** 


******** 


♦♦♦*♦++♦ 


******** 


04/15/87 


03/26/87 


04/02/87 


05/15/87 


06/14/87 


09/01/87 


05/15/87 


04/27/87 


05/04/87 


06/14/87 


07/14/87 


10/01/87 


06/15/87 


05/26/87 


06/02/87 


07/15/87 


08/14/87 


11/01/87 


07/15/87 


06/25/87 


07/02/87 


08/14/87 


09/13/87 


12/01/87 


08/14/87 


07/27/87 


08/03/87 


09/13/87 


10/13/87 


01/01/88 


09/15/87 


08/26/87 


09/02/87 


10/15/87 


11/14/87 


02/01/88 


10/15/87 


09/ 25 '87 


10/02/87 


11/14/87 


12/14/87 


03/01/88 


11/16/87 


10/27/87 


11/03/87 


12/16/87 


01/15/88 


04/01/88 


12/15/87 


11/23/87 


12/02/87 


01/14/88 


02/13/88 


05/01/88 


01/15/88 


12/28/87 


01/04/88 


02/14/88 


03/15/88 


06/01/88 


02/15/88 


01/26/88 


02/02/88 


03/16/88 


04/15/88 


07/01/88 


03/15/88 


02/24/88 


03/02/88 


04/14/88 


05/14/88 


08/01/88 



* The "Earliest Effective Date" is computed assuming that the agency files the 
rules with The Administrative Rules Review Commission the same calendar 
month as adoption by the agency and ARRC approves the rules at the next 
calendar moiitli meeting. 



EXECUTIVE 
ORDERS 

EXECUTIVE ORDER NUMBER 34 

GOVERNOR'S PROGRAM TO 

ENCOURAGE BUSINESS 

ENTERPRISES OWNED BY 

MINORITY, WOMEN AND 

DISABLED PERSONS 



It is my policy that the State of 
North Carolina shall enhance and 
promote economic opportunities for 
all of its citizens without regard to 
race, gender or handicap. 

Therefore, by the authority vested 
in me as Governor by the 
Constitution and laws of North 
Carolina, it is ORDERED: 

Section 1. FstahlisVimpnt 

(A) There is hereby established 
the Governor's Program to 
Encourage Business Enterprises 
Owned by Minority, Women and 
Disabled Persons. 

(B) The Program shall be 
coordinated by the Governor's 
Director of Minority Affairs and 
administered by the Division of 
Purchase and Contract of the 
Department of Administration. 

(C) The purposes of the Program 
are to enhance and promote 
economic opportunities for all of its 
citizens without regard to race, 
gender or handicap by: 

(1) increasing the amount of 
goods and services acquired by 
the State from businesses owned 
by minorities, women and 
disabled persons; 

(2) ensuring the absence of 
barriers that reduce participation 
of minorities, women and 
disabled persons in the State's 
purchasing process; 

(3) encouraging the State's 
purchasing olficers to identify 
prospective iniiiorities, women 
and disabled vendors and scr\ ice 
providers; 

(4) promoting awareness 
among minorities, women and 
disabled persons of 
opportunities to do business 
with State government. 



(D) The Program objective for 
fiscal 1986-87 is for business owned 
by minorities, women and disabled 
persons to receive a minimum of 
four percent of the State's contract 
purchases. By order of the 

Governor, this percentage may be 
increased on an annual basis. 

Section 2. AHministratinn 

(A) The Secretary of 
Administration shall provide 
assistance on a project basis to the 
Director of Minority Affairs. 

(B) The Division of Purchase 
and Contract, Department of 
Administration shall assist each 
department in developing a plan and 
provide technical assistance to reach 
the set objectives. 

(C) Each Department Head shall 
designate from the existing 
purchasing staff of such Department 
a coordinator for the Program. The 
name of said designee shall be 
forwarded to the Director of 
Minority Affairs. 

(D) The Minority Business 
Development Agency, Small 
Business Division of the Department 
of Commerce shall continue to 
certify that business enterprises 
owned by minorities, women and 
disabled persons are in fact owned 
by those classified entrepreneurs, 
rhis agency shaO also provide 
technical assistance to businesses 
interested in the Program. 

(E) The Division of Purchase 
and Contract shall prepare and make 
available a directory of business 
enterprises owned by minorities, 
women and disabled persons firms 
to departmental personnel to 
facilitate the accomplishment of the 
Program. 

Section 3. Rrpnrting and 

Fv.^lii.Ttinn 

(A) I'he Director of Minority 
Affairs shall monitor and evaluate 
the I'rogram and report on a 
quarterly basis to Department 
lleaiis riie Director siiall also 
coiuiutt re\iew meetings wilii all 
coorilinating agencies and 
Dep;u1nient Heads on an as needed 
basis. 

(B) The Division of Purchase 
and Contract shall report purchases 
and contract opportunities and 
purchase and contract awards on a 



NORTH CAROUiSA REGISTER 



montlil\ basis to the Director of 
Minonty /VfTairs. 

Section 4. Pnrir fJniiTs 

All prior l'xeeuti\e Orders or 
portions of pnor li.\eeuti\e Orders 
inconsistent herewith are hereb\ 
repealed. 

This Order is effective the 27th day 
of Februars-, 1987. 

EXECUTIVE ORDER NLMBER 35 

TRANSFERRI.NG THE STATE 

INFORMATION PROCESSING 

SERVICES (SIPS) TO THE 

OFFICE OF THE STATE 

CONTROLLER 

Article III, Section 5(10) of the 
constitution of North Carolina 
authorizes ;ind empowers the 
Governor to make such changes in 
the allocation of offices and agencies 
and in the allccation of those 
functions, powers and duties as he 
considers necessary for efficient 
administration of State Go\eminent. 
N.C.G.S. 143B-12 authorizes and 
empowers the Governor to assign or 
reassign the duties and tunctions of 
the Hxecuti\e Branch among tiie 
principal State Departments. I he 
State Information Processing 

Services (SIPS), a Section of the 
Division of Governmental 

Operations of the Department of 
Administration created to pro\ide 
those information processing services 
listed in N.C.G.S. 143-341(9), the 
telecommunication services listed in 
N.C.G.S. 143-340(14), and other 
related services to State Government, 
and to act as the staff of the 
Computer Commission established 
pursuant to N.C.G.S. 1438-426.21, 
is currently under the supervision 
and control of the Secretary of the 
Department of Administration. 

NOW, THEREFORE, IT IS 
ORDERED: 

Section 1. SUPERVISION 

The functions and povv ers of the 
Secretary of the Department of 
Administration relating to the 
administration of the State 
Information Processing Services 
(SIPS) are hereby transferred to the 
State Controller. These functions, 
powers and duties include but are 



not Lrmited to the authoritv to carry 
out the provisions of N.C.G.S. 
143-341(9), 143-340(14), the staff 
and services provisions of 
143B-426.21, ;ind any other duties 
that are currently or that may in the 
future be assigned to the State 
Information Processing Services 
(SIPS), either by statute or by 
agreement among the various State 
Departments, Commissions or other 
entities of State Government. 
Section 2. EMPLOYEES 

State employees currently employed 
by the State Information Processing 
Services (SIPS) who are under the 
supervision of the Department of 
Administration are hereby 

transferred to the supervision of the 
Office of the State Controller. 
Personnel transfers pursuant to this 
Order shall not affect an employee's 
pay grade, vacation leave, sick leave, 
retirement, or longevity. 

This Executive Order is effective 
.March 4, 1987, and shall remain 
effective unless rescinded by further 
Executive Order. 

'ITiis the 4th day of March, 1987. 

EXECUTIVE ORDER NUMBER 36 

GOVERNOR'S TASK FORCE 

ON THE FARM ECONOMY IN 

NORTH CAROLINA AND GOVERNOR'S 

ADVISORY COMMITTEE ON 

AGRICULTURAL PARKS 

By authority vested in me as 
Governor by the Constitution and 
Laws of North Carolina, it is 
ORDERED: 

Srrtinn J_ There is hereby 
established the Governor's Task 
Force on The Farm Economy in 
North Carolina. 
Srrtinn 2. The Governor shall 
appoint at least thirty (30) persons 
as members of the Task Force. 
Members shall include 

representatives from the various 
areas of North Carolina in order that 
all rural regions of the State shall be 
represented. .Members shall include 
representatives from: 

A. Fanners engaged in the 
various aspects of farming practiced 
in North Carolina; 

B. Food processors including 
seafood processors; 



.\ORTH CAROLISA REGISTER 



C. Wholesale and retail vendors 
of food in North Carolina. 

D. Bankers; and 

E. Representatives from colleges 
and universities involved in rural 
economic development. 

In addition to those 
representatives set forth above, the 
following State agencies shall be 
represented by one or more 
members who shall serve as 
ex-ofiicio advisors to the Task 
Force, as designated by the 
Governor: Department of 

Commerce, Department of 

Transportation, Department of 
Natural Resources and Community 
Development, State Budget Office, 
and Employment Security 

('ommission. 

The Governor shall designate the 
Chairman of the Task Force and all 
members shall serve at the pleasure 
of the Governor, 
."sprtinn 3. The Task Force shall 
meet in Raleigh monthly or more 
often as directed by the Chairman. 
The Chairman is authorized to 
convene meetings or conduct 
hearings outside of Raleigh where he 
deems appropriate. 
Snrtinn 4. The Task Force shall 
have the following responsibilities: 

A. Assess immediate problems 
facing the farm economy in North 
Carolina and develop proposals for 
immediate action to solve those 
problems. 

B. After consultation with the 
Governor's Advisory Committee on 
Agricultural Parks, make 
recommendations to the Governor 
foi the development of agricultural 
parks in all sections of North 
Carolina. 

C. Develop a comprehensive 
strategy to further the development 
of food processing in North 
Carolina. 

D. Review and make 
recommendations to coordinate 
State agencies' activities with local 
rural leaders in improving the farm 
economy in North Carolina. 
Sr.fitinn 5. There is hereby 
established a Governor's Advisory 
Committee on Agricultural Parks. 
Srntinn 6. The Go\ emor shall 
appoint at least seven (7) persons as 
members of the Committee. The 



Governor shall designate the 
Chairman of the Committee; all 
members shall serve at the pleasure 
of the Governor. 

Sf-rfinn 2- The Advisory Committee 
shall meet monthly in Raleigh or 
more often as directed by the 
Chairman. The Chairman may 
convene meetings or conduct 
hearings outside of Raleigh when he 
deems appropriate. 
Sfrtinn S- The Committee shall 
study the feasibility of developing 
agricultural parks in all sections of 
North Carolina and present its 
findings to the Governor's Task 
Force on The Farm Economy in 
North Carolina. 
SJi'^tinii 2. The Department of 
("omnierce shall provide necessary 
staffuig and administrative support 
for the Task Force and the Advisory 
Committee, including per diem 
travel and subsistence for members 
of the Task Force and the Advisory 
Committee. Other State 

departments and agencies shall assist 
the Task Force in its undertakings 
by rendering such technical advice 
and assistance to it as from time to 
tmie is requested. 
Sertinn IQ. Members of the Task 
Force and Advisory Committee shall 
be entitled to such per diem and 
reimbursement for travel and 
subsistence expense as may be 
authorized for members of state 
boards and commissions generally. 
Spntinn J_L This Order shall 
become effective immediately and 
shall remain in effect until 
terminated by further Executive 
Order. 

Done in Raleigh, North Carolina, 
this 6th day of March, 1987. 

EXECUTIVE ORDER NU.MBER 37 

NORTH CAROLINA RESPONSE 

TO AND MANAGEMENT OE 

FEDERAL RESTRICTIONS ON 

PRIVATE ACI IVTTV UONDS 

AND LOW-INCOME IIOLSING 

TAX CKEDIIS 

As Governor of North Carolina it 
has been made to appear to me 
upon satisfactory' information 
furnished to me as follows: 

1. The Tax Reform Act of 
1984 established a federal 



^ORTH CAROLINA REGISTER 



volume limitation on the 
aggregate amount of "private 
activity bonds" that may be 
issued by each state. The 
interest on private activity 
bonds is exempt from federal 
income taxation. 

2. Pursuant to Section 103(n) 
of the Internal Revenue Code of 
1954 as amended, a previous 
(jo\cmor of North ("arolina 
issued I'^xecuti\c Order 11.^ 
proclaiming a fonnula lor 
allocating the federal volume 
limitation for North Carolina. 

3. On October 22, l')Sf), the 
Tax Reform Act of 1986, 
hereinafter referred to as the 
"Act" was enacted. 

4. The Act establishes (a) a 
new unified volume limitation 
for private activity bonds on a 
state by state basis, (b) a new 
definition of the types of prisate 
activity bonds to be included 
under those new limitations, (c) 
a new low-income housing 
credit to induce the construction 
of and the improvement of 
housing for low-income people, 
and (d) limits the aggregate use 
of this low-income housing 
credit on a state by state basis. 

5. The Act provides for federal 
formulas for the allocation of 
these "state by state" resources, 
and also provides that individual 
states may, within certain 
limitations, provide different 
allocation formulas. 

6. The Act gives interim 
authority for the Governor of 
each state to formulate and 
execute plans for allocation. 

7. Section 146 of the Internal 
Revenue Code of 1986, as 
amended, and Section 42 of the 
Internal Revenue Code of 1986 
as amended will require 
continued inquiry and study in 
the ways in which North 
Carolina can best and most 
fairly manage and utilize 
resources provided therein. 

NOW, IT IS THEREFORE 
ORDERED, pursuant to the 
authority vested in me by the laws 
and the C.~onstitution of North 
Carohna: 



Section 1. ESTABLISHMENT. 
The North Carolina Federal Tax 
Reform Allocation Committee, 
hereinafter referred to as the 
"Committee", is hereby estabhs>^ed. 
The Committee is a continuation of 
the Interim Private Activity Bond 
Allocation Committee established 
under Executive Order 28 and 
amended under Executive Order 31. 
The Sccret;ir\' of the I")epartment of 
Commerce, the Executive Assistant 
to the Ciovemor for Budget and 
Management and the State Treasurer 
shall constitute the membership of 
this Committee. The Secretary of 
the Department of Commerce shall 
serve as Chairman of the 
Committee. 
Section 2. DUTIES. 
The Committee shall have the 
following duties; 

A. Manage the allocation of tax 
exempt private activity bonds and 
low-income housing credits and 
receive advice from bond issuers, 
elected officials, and the General 
Assembly. 

B Continue to monitor bond 
markets, economic development 
financing trends, housing markets, 
and tax incentives available to 
mduce events and programs 
favorable to North Carolina, its 
cities and counties, and individual 
citizens, and 

C. Continue to study the ways 

in which North Carolina can best 
and most fairly manage and utilize 
the allocation of private activity 
bonds and low income housing 
credits. 

D. Report to the Governor, 
Lieutenant Governor and the 
Speaker of the House of the General 
Assembly as requested and on not 
less than an annual basis. 

E. Make the State Certification 
as described m Section 149(e) of the 
Internal Revenue Code of 1986, as 
amended, and may designate an 
individual to make this certification. 
Section 3. riLLOCATION. 

To provide for the orderly and 
prompt issuance of private activity 
bonds and the use of low income 
housing credits there arc hereby 
proclaimed formulas for allocating 
the unified volume limitation and 



i\ORTH CAROLI.\A REGISTER 



the state housing credit ceiling. The 
unified volume Limitation and the 
state housing credit ceiling each shall 
be considered as a single resource to 
be allocated under this Executive 
Order. The Committee shall issue 
allocations of the unified volume 
limitation and shall issue allocations 
of the state housing credit ceiling. 
The Committee shall set forth 
procedures for making such 
allocations and in the making of 
such allocations shall take into 
consideration the best interest of the 
State of North Carolina with regard 
to the economic development and 
general prosperity of the people of 
North Carolina. 

Section 4. EFFECTIVE DATE 
AND EXPIRATION DATE. 

This Executive Order shall become 
effective immediately and will expire 
February 1, 1989. 

This the 13th day of March, 1987. 

EXECUTIVE ORDER NUMBER 38 

AMENDMENT TO EXECUTIVE 
ORDER NUMBER 32 

By authority vested in me as 
Governor by the Constitution and 
laws of North Carolina, it is ordered: 

"sprtinn i_ The rinypmnr's 

T itprary Cniinril was established 

pursuant to Executive Order 
Number 32, on the 16th day of 
February, 1987. 
Srrtinn 2. The Title of the 
Council formed by Executive Order 
32 is hereby changed to the 

Gnvt^mor's rnmmissinn Qa 

I itprary 

Sprtinn 3. All other sections 

and provisions of Executive Order 

32 shall remain in effect. 

This order is effective this 1 2th day 
of March, 1987. 

EXECUTIVE ORDER NUMBER 39 

BO.\RD OI TRUSTEES OK THE 

NORTH CAKOl INA I'UHI.IC 

EMI'I OVEI DIM RREI) 

COMI'l NSAllON I'l AN 

I'xccutivc Order Nunitifr 10'), 
executed on July 31, 19S4, expired 
on July 30, 1986, in accordance with 



\ C r. S 147-16.2. Ihis Executive 
Order established the Board of 
Trustees of the North Carolina 
Deferred Compensation Plan and 
the guidelines under which the plan 
was to be administered. The 

Deferred Compensation Program is 
an important part of the fmancial 
planning and security of the public 
employees of the State of North 
Carolina. 

NOW, THEREFOR, IT IS 
HEREBY ORDERED: 

.Srrtinn 1 ESTABLISHMENT. 

Pursuant to NCOS 143b-426.24, 
there is hereby established a Board 
of Trustees of the North Carolina 
Public Employee Deferred 

Compensation Plan, which shall 
assume all authority, responsibilities 
and functions of the Board 
established on July 31, 1984, by 
Executive Order Number 109. 
S.-rtion ? MEMBERSHIP AND 
FUNCTIONS. 

The membership of the Board and 
its duties shall be as provided in 
\ C n S 143B-426.24. The terms 
of the members shall be as provided 
i;i \ r r. <; 143B-426.24. The 
Secretary of Administration shall 
supply the Board with aU 
administrative, legal, fmancial and 
personnel services that may be 
required by the Board. Guidelines 
for the funding for these services will 
be supplied by the Secretary of 
Administration as provided in 
KCn'i 143B-426.24(1) and (m). 

Tliis Order shall be effective . 
inimediately. 

Done in Raleigh, North Carolina, 
this the 16thday of March, 1987. 

EXECUTIVE ORDER NUMBER 40 

GOVERNOR'S COMMISSION 
FOR THE FAMILY 

Vhe foundation of our great State 
is in jeopardy because of increasing 
threats to the family unit related to 
social, economic, health, stress and 
other factors. 

riic .Slate of Noilii ("aroliiia inust 
c;irefully consider ways uoveniiiieiil 
policies contribute to tlie problems 
wliich cause the weakeiiiiig and 



NORTH CAROLINA REGISTER 



break-up of the traditional family 
unit, in addition to promoting 
positive means of strengthening our 
nation's families. 

Therefore, by the authority vested 
in me as Governor by the 
Constitution and laws of North 
(Carolina, it is ordered: 
Section 1. I-SIABI ISI1M1;N1- 

The Cjovernors Commission I'or 
the I'amily is hereby established. 

I'he Commission shall be composed 
of at least twenty and not more than 
thirty members appointed by the 
Governor to serve at the pleasure of 
the Governor. The Governor shall 
designate one of the members as 
Chairman and one as 

Vice-Chairman. The Secretaries of 
the Departments of Human 
Resources, Natural Resources and 
Community Development, 

Administration, Crime Control and 
Public Safety, and Cultural 
Resources shall be ex-officio 
members. The members appointed 
by the Governor shall be 
representatives from the following 
areas: 

( 1 ) Private business and 
community leaders; 

(2) Law Enforcement; 

(3) At least one representative 
of the North Carolma Fund for 
Children and Families 
Commission; 

(4) Judicial System; and 

(5) Volunteers who have 
exhibited an interest in family 
issues. 

Section 2. FUNCTIONS 

( 1 ) The Commission shall 
meet regularly at the call of the 
chairman or the Governor. 
The Commission is authorized 
to conduct public hearings if it 
deems them to be necessar>'. 

(2) The Commission shall have 
the foUowing duties: 

(a) Heighten public awareness 
of the need to strengthen 
families at the community level 
by involving civic, cultural, 
religious, and governmental 
leaders; 

(b) Work with other groups 
interested in reducing 
economic stress for families; 



(c) Review state laws, 
policies, and programs which 
have impact on families; 

(d) Foster neighborhood 
development supportive of 
families (e.g. community-^ ide 
after-school and summer 
cultural recreational and sports 
programs, using public/pri\ate 
partnership approach); 

(e) Ad\pcate for education 
and support programs for all 
first-time parents and for 
families under stress because of 
disabilities and illnesses 
affecting family members; 

(f) Advocate for workplace 
programs and policies 
supportive of families; 

(g) Encourage private sector 
involvement and help to 
coordinate private groups and 
business activity in various 
areas identified as needs in 
today's society; 

(h) Consider new prevention, 
intervention, and treatment 
programs designed to assist 
families, including health and 
safety issues; 

(i) Review existing family 
strengthening activities within 
and outside North Carolina; 
(j) Encourage the enforcement 
and further development of 
laws affecting abuse of 
children, spouses, and senior 
citizens; 

(k) Coordinate the 

implementations of the 
recommendations of the 
Governor's Commission on 
Child Victimization; 
(1) Work closely with the 
Judicial Coordinating 

Councils; 

(m) .Advocate for more 

adequate training about the 
prevention of family violence 
among professions in human 
services, law enforcement, and 
the judiciary; 

(n) Encourage the use of 
volunueers in all programs 
involving families; and 
(o) Work with the North 
Carolina 1-und for Children 
and Families Commission. 
Section 3. ADMINISTRATION 
In support of the Commission, 



:\ORTH CAROLL\A REGISTER 



a staff of three will be created: 

(1) An Executive Director, 
Deputy Director, and 
Administrative Secretary shall 
be appointed by the Secretary of 
the Department of Human 
Resources and serve at his 
pleasure. Funds shall be 
authorized and made available 
by the Department of Human 
Resources with possible 
assistance from other 
departments. 

(2) Members of the 
Commission may be reimbursed 
for necessary travel and 
subsistence expenses as 
authorized by N.C.G.S. 138-5. 
Funds for reimbursement of 
such expenses shall be made 
available from funds authorized 
by the Department of Human 
Resources. 

Section 4. IMIMJiMI'N lA I ION 
AND DIJRA'I ION 

(1) This order shall be cfTective 
immediately. 

(2) The Commission shall 
dissolve at the pleasure of the 
Governor, but no later than 
September 30, 1988. 

Done in Raleigh, North ('arolina, 
this 16th day of March, 1987. 

EXECUTIVE ORDER NUMBER 41 

GOVERNOR'S TASK FORCE 

ON DEVELOP.MENT OF 

PRIVATE SEED VENTURE 

CAPITAL SOURCES 

By authority vested in me as 
Cjovemor by the Constitution anil 
laws of North Carolina it is ordered: 
Si-.rtinn J- i;S TABI.ISI IMIiN T 

(a) There is hereby established 
the Governor's Task Force on the 
Development of Private Seed 
Venture Capital Sources. 

(b) The Task Force shall consist 
of not less than twelve members 
who shall be appointed by the 
Governor. The Governor shall 
designate the chairman of the Task 
Force and all Task Force members 
shall serve at the pleasure of the 
Governor. 

(c) Persons appointed shall be 
citizens who have demonstrated 
interest, involvement, or expertise in 
development of" sources of venture 
capital. 



Scrtinn 2. FUNCTIONS 

(a) The Task Force is authorized 
to meeting regularly at the call of the 
chairman, the Governor, or the 
Secretary of the Department of 
Commerce. 

(b) The Task Force shall have 
the following duties: 

1. Determine the necessary 
steps to encourage development 
in North Carolina of a private 
seed venture capital fund, 
including any legislative 
changes. 

2. Review and recommend 
mechanisms for coordination of 
available sources of private seed 
venture capital with identified 
needs for private seed venture 
capital. 

3. Such other duties as may be 
assigned by the Governor or the 
Secretary of the Department of 
Commerce. 

SixlimiJL ADMINISIRAIION 

(a) Heads of the State 
Departments and Agencies shall, to 
the extent permitted by law, provide 
the Task Force information as may 
be required by the Task Force in 
carrying out the purpose of this 
order. 

(b) The Department of 
Commerce shall provide staff and 
support services as directed by the 
Secretary of the Department of 
Commerce. 

(c) Members of the Task Force 
shall serve without compensation, 
but may receive reimbursement 
contingent on the availability of 
funds for travel ;md subsistence 
expenses in accordance with state 
guidelines and procedures. 

S.Ttinn 4 REPORTS 

The Task Force shall present 
a report of recommendations to 
encourage development of a private 
seed venture capital fund to the 
Governor and the Secretary of the 
Department of Commerce by not 
later than the 1st day of September, 
1987. 

Scclinni PRIOR ORDERS 
All prior executive orders or 
portions of prior executive orders 
inconsistent herewith arc hereby 
repealed. 



SORTH CAR()Ll.\A RLGIST/IR 



This order is effective this the 2()th 
day of March, 1987. 

EXKCUTIVi; OKDLK NLMIIKR 42 
STATi; BLILDliNG COMMISSION 

By the authority vested in me as 
Governor by the Constitution and 
laws of North Carolina it is 
ORDERED: 

(a) A State Building Commission 
is created within the Department of 
Administration to assist the 
Secretary of Administration in 
developing procedures to guide the 
State's capital facilities development 
and management program. 

(b) The Commission shall consist 
of twelve members appointed by the 
Governor and qualified as foUows: 

(1) The Secretary of the 
Department of Administration 
who shall serve as Chairman 

(2) The State Budget OfTiccr. 

(3) A licensed architect whose 
primary practice is in the design 
of buUdings. 

(4) A registered engineer whose 
primary' practice is in the design 
of engineered systems for 
buildmgs. 

(5) A licensed building 
contractor whose primary' 
business is in the construction 
of buildings. 

(6) A hcensed electrical 
contractor whose primary 
business is in the installation of 
electrical systems for buildings. 

(7) A licensed real estate 
broker, or other person, whose 
primary business is in property 
and facilities management. 

(8) A licensed mechanical 
contractor whose primary 
business is in the installation of 
mechanical systems for 
buildings. 

(9) A manager of physical 
plant operations whose 
responsibilities are in the 
operations and maintenance of 
physical facilities. 

(10) A certified planner whose 
primary' practice is in urban 
design and land use planning. 

(11) A public member who is 
knowledgeable in building 
construction or building 
maintenance. 



(12) The Chairman of the 
Capital Building Authority. 

In appointing members (3) througli 
(10) the Cjovemor shall seek and 
consider nominations from the 
professional associations, councils or 
institutes representing the various 
disciplines or professions. 

The terms of the Secretary of the 
Department of Administration and 
the State Budget Officer shall be 
coterminous with their terms of 
office. The other 10 members shall 
be appointed for siaggered two-year 
terms: I'rovided, however, the initial 
terms of members appointed 
pursuant to subdivisions (3), (5), (7), 
(9) and (11) shall expire June 30, 
1990, and the initial terms of 
members appointed pursuant to (4), 
(6), (8), (10) and (12) shaU expire 
June 30, 1989. Members may serve 
no more than six consecutive years. 

Vacancies in appointments shall 
be filled by the Governor for the 
remainder of any unexpired terms. 
Persons appointed to fill vacancies 
shall qualify in the same manner as 
persons appointed for fuU terms. 

(c) The Commission shall meet 

at least four times a year on or 
about January' 15, April 15, July 15 
and October 1 5, and upon the call of 
the chairman. 

(d) Members of the Commission 
shall be reimbursed for travel and 
subsistence as provided in G.S. 
138-5. Members who are State 
officers or employees shall be 
reimbursed for travel and subsistence 
as provided in G.S. 138-6. 

(e) The State BuUding 
Commission shall have the following 
duties: 

( 1 ) To assist the Office of State 
Construction in developing an 
inventory' of the State's 
buildings and their current 
conditions, identify future 
building needs and develop a 
statewide building and 
maintenance program to meet 
the current and future needs of 
the State and its agencies and 
institutions. 

(2) To propose procedures to 
the Secretary of the Department 
of Administration for evaluating 
the work performed by 
designers and contractors on 



SORTH CAROUiXA REGISTER 



State capital improvement 
projects. 

(3) To provide advice and 
assistance to the Capital 
Building Authority in 
establishing and implementing 
procedures and criteria for the 
selection of designers based on 
qualifications and experience to 
be appUcable to all capital 
improvement projects. 

(4) To propose rules to the 
Secretary of the Department of 
Administration for coordinating 
the plan review, approval and 
permit process for State capital 
improvement projects. 

(5) To propose rules to the 
Secretary of the Department of 
Administration for establishing 
a post-occupancy evaluation, 
annual inspection and 
preventive maintenance 
program for all State buildings. 

(6) To study ;md recommend 
ways to the Secretary of the 
Department of Administration 
to improve the effectiveness and 
efliciency for the planning, 
design, construction and 
operation of State facihties and 
acquisition, allocation. 



disposition and management of 
State-owned properties. 
(7) To perform any other 
duties that may be assigned by 
the Governor. 

(f) As used herein, "State 
Capital improvement project" means 
the construction of and any 
iteration, renovation, or addition to 
■State buildings, as defuied in G.S. 
143-336, for which State funds, as 
dcfuicd in G.S. 143-1, are used and 
which is required by G.S. 143-129 to 
be pubUcly advertised. 

(g) The Office of State 
Construction of the Department of 
Administration shall provide staff 
assistance to the State Building 
Commission. 

(h) The Director of the Office 
of State Construction shall be a 
registered engineer or Ucensed 
architect appointed by the Secretary 
of the Department of Administration 
who is technically qualified by 
educational background and 

professional experience in building 
design, construction, or facilities 
management. 

Done .March 23, 1987. 



NORTH CAROLISA REGISTER 



VOTING RIGHTS ACT FINAL DECISION LETTER 



[G.S. I20-30.9H. effective July 16. 1986, requires thai all letters and other 
documents issued by the Attorney General of the United States in which a final 
decision is made concerning a "change affecting voting" under Section 5 of the 
Voting Rights Act of / 965 be published in the \'nrrh Cnmlinn Rpgi';tpr J 

U.S. Department of Justice 
Washington, D.C. 20530 

WBR:MAI':TGL:imc 

DJ 166-012-3 

R6925-6926 

R7953 

March 10, 1987 

Michael CroweU, Esq. 
Thanington, Smith & Hargrove 
P. O. Box 1151 
Raleigh, North Carolina 27602 

Dear Mr. CroweU; 

This refers to the increase in the length of terms from two to four years, 
the staggermg of terms, and a change in the method of filling vacancies for the 
Town of Enfield in Halifax County, North Carolina, submitted to the Attorney 
General pursuant to Section 5 of the Voting Rights Act of 1965, as ammended, 
42 U.S.C. 1973c. We received your initial submission on January 9, 1987; 
supplemental information was received on February 24, 1987. 

The Attorney General docs not interpose any objections to the change in 
question. However, we feel a responsibility to point out that Section 5 of the 
Voting Rights Act expressly provides that the failure of the Attorney General to 
object does not bar any subsequent judicial action to enjoin the enforcement of 
such changes. See Section 51.41 of the Procedures for the Administration of 
Section 5 |52 Fed. Reg. 496 (1987)] 

Sincerely, 

Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 

By: 

Gerald W. Jones 
Chief, Voting Section 



W yORTH CAROLI.\A REGISTER 



U. S. Department of Justice 
Washington, D.C. 20530 



WBR:SSC;KIF:gmh 
DJ 166-012-3 
R8220 



March 25, 1987 



Robert C. Cogswell, Jr., Esq. 

City Attorney 

P. O. Box 1513 

FayetteviUe, North Carolina 28302 



Dear Mr. Cogswell: 



This refers to the November 4, 1986, bond election for the City of 
FayetteviUe in Cumberland County, North Carolina, submitted to the Attorney 
Cjcneral pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 
U.S.C. 1973c. We received your submission on March 16, 1987. In accordance 
with your request, expedited consideration has been given this submission 
pursuant to Section 51.34 of the Procedures for the Administration of Section 5 
1(52 Fed. Reg. 495(1987))]. 

The Attorney General does not interpose any objection to the change in 
question. However, we feel a responsibility to point out that Section 5 of the 
Voting Rights act expressly provides that the failure of the Attorney General to 
object does not bar any subsequent judicial action to enjoin the enforcement of 
such change. In addition, as authorized by Section 5, the Attorney General 
reserves the right to reexamine this submission if additional information that 
would otherwise require an objection comes to his attention during the 
remainder of the sixty-day review period. See ;dso Sections 51.41 and 51.43 [(52 
Fed. Reg. 496(1987))]. 



Sincerely, 



Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 

By: 



(lerald W. Jones 
Cliief, Voting Section 



^OR IH CAROLISA REGIS lER 1 1 



U.S. Department of Justice 
Washington, D.C. 20530 



WBR:MAI':ST;gmh 
DJ 166-012-3 
R6231 



March 16, 1987 



Jesse L. Warren, lisq. 

City Attorney 

Drawer W-2 

Greensboro, North Carolina 27402 



Dear Mr. Warren: 



This refers to the January 5, 1987, annexation to the City of 
Greensboro in Guilford County, North Carolina, submitted to the Attorney 
General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 
use. 1973c. We received your submission on January 16, 1987. 

The Attorney General does not interpose any objection to the change in 
question. However, we feel a responsibility to point out that Section 5 of the 
Voting Rights Act expressly provides that the failure of the Attorney General to 
object does not bar any subsequent judicial action to enjoin the enforcement of 
such change. See Section 51.41 of the Procedures for the Administration of 
Section 5 [(52 Fed. Reg. 496 (1987))]. 

Future submissions under Section 5 should be addressed to the Chief, 
Voting Section, Civil Rights Division, Department of Justice, Washington, D.C. 
20530. The envelope and first page should be marked: Submission under 
Section 5 of the Voting Rights Act. See also Section 51.24 [(52 Fed. Reg. 493 

(1987))|. 



Sincerely, 



Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Rights Division 



By: 



Gerald W. Jones 
Chief, Voting Section 



12 SORTH CAROLS A RECilSTIiR 



PROPOSED RULES 



TITLE 1 - ADMIMSTRATION 

Notice is hereby gi\'en in accordance 
with G.S. J 508- J 2 thai the 
Department of Administration intends 
to amend regulation cited as J 
NC AC 35 .0406. 

The proposed effective date of this 
action is August J, 1987 . 

The public hearing will be conducted 
at 2:00 p.m. on May 21. 1987 at 
Advisory Budget Commission 
Conference Room, A dministration 
Building, Fifth Floor, 116 West Jones 
Street, Raleigh, North Carolina 
27611. 

Comment Procedures: Any 

interested person may present his or 
her views and comments either in 
writing prior to or at the hearing or 
orally at the hearing. Any person 
may request information, permission 
to be heard or copies of the proposed 
regulations by writing or calling Fran 
Tomlin, Department of 

Administration, 116 W. Jones Street. 
Raleigh, N.C. 27611, (919) 
733-7232. 

CHAPTER 35 - STATE EMPLOYEES 
COMBINED CAMPAIGN 

SECTION .0400 - GENERAL 
PROVISIONS 

.0406 DISTRIBUTION OF 

UNDESIGNATED FUNDS 

(^ £«f the 198 4 Campaign , » the 
event that aa employee docs not 
designate which agency of group oi 
agencies should benefit , then ike- 
fund s wtU be divided between the 
United Way a»4 N'HA according ta 
a formula mutually agreed upon bv 
tho s e agencies an4 approved by the 
Statewide 
Committee . 



Campaign Advi s or) ' 

h i^ the expre s s inteni 
ef the department ta 
utili-gc thi^ approach 
only fof the 19 8 - 1 
campaign because 

there i^; insufficient 
s tatewide experience ta 
usQ as a bn^is for 
di s tributing 

undesignated pledges 
among participator)' 



ag e ncie s other than 
United Way. and NHA 
and because any 
participating agencie s 
would have in s ufficient 
experience in 

combined campaign 
process , 
( b) . After 198 4, e ach loc al 
campaign manager u4U distribute 
undesignated funds in the same 
proportion as employees designated 
fund s iof approved participatory 
agencies . 

All contributions made through the 
S.H.C.C. shall be designated to a 
particular recipient. Any monies not 



specifically designated to a particular 
recipient shall be deemed designated 
to the proper county/local S.E.C.C. 
committee for distribution. 



Statutory 
147-62. 



Authority G.S. I43B-I0; 



TITLE 2 - DEPARTMENT OF 
AGRICULTURE 

Notice is hereby given in accordance 
with G.S. I50B-I2 that the N.C. 
Plant Conservation Board intends to 
amend regulations cited as 2 NCAC 
JOG .0301 and .0302. 

The proposed effective date of this 
action is September J, 1987 . 

The public hearing will be conducted 
at 9:00 a.m. on June 26, 1987 at 
Board Room, Agriculture Bldg., I W. 
Edenton St., Raleigh, NC. 

Comment Procedures: Interested 
persons may present statements either 
orally or in writing at the public 
hearing or in writing prior to the 
hearing by mail addressed to Rob 
Sutter, N.C. Plant Conservation 
Hoard. P.O. Box 27647. Raleigh. 
North Carolina, 276/1. 

(MAPI ER 10 - PESTICIDE AND PLANT 
PROTECTION 

SUBCHAPTER lOG - PLANT INDUSTRY 

SECTION .0300 - ENDANGERED PLANT 

SPECIES LIST: THREATENED 

PLANT SPECIES LIST: 

LIST OF SPECIES OF 

SPECIAL CONCERN 

.0301 ENDANGERED PLANT 



NORTH CAROLINA REGISTER 



13 



PROPOSED RULES 



SPECIES LIST 

As authonzcd by G.S. 106-202.12 
through 106-202.19 of the Plant 
Protection and Conservation Act of 
1979, the North Carolina Plant 
Conservation Board hereby 

establishes the following list of 
endangered plant species: 

(6) Bryocrumia andersonii -- 

(Bailr ) /Xnders. Ciorge moss: 
^ ('i<r t ;x "Kl tmorcana — 

Mm Kcn/ .i u BiUinon ; St\ l g i. ' , 
(10) ( 'arex barnillii -- 

Schweiiiil/. and ~i t)rrey Bairatts 
Sedge; 
(444 Coreopsi i S l atifoli a — 

iVhchaux Broadleaf Coreop s is ; 
(28) L indera subcoreacea -- 
Wofford Bob Spice Bush; 
(31) Orthotrichum kceverac -_^ 
Crum & Anders. Keever's 
bristle moss; 



(32) Oxypolis c anbyi -- 

(Coult. & Rose) Fern. Canby's 
cowbanc; 



(3;9) Sabatia kennedyana -- 
Fern. Sea Pink; 



^^^2) Sarracenia oreophila 
(Kearney) \Vherr\ 
Pitclier Plant, 



(Jreen 



Statutory Authoritv G.S. 106-202.12 
through 106-202.19. 

.0302 THREATENED PLANT 
SPECIES LIST 

As authorized by G.S. 106-202.12 
through 106-202.19 of the Plant 
Protection and Conservation Act of 
1979, the North Carolina Plant 
Conservation Board hereby 

establishes the following list of 
threatened plant species: 
(1) .Ainaranthus pumilus ^ Raf. 

Scabeach Amaranth; 
(6) C:trex conoidca -- Willd. 

Cone-shaped Sgdge; 
(9) Coreopsis latifoha -- Michaux 

Broad-lea\cd lickseed; 
(12) Fimbnstslis perpusiila -- 

Auth. 
(29) Schlothcmia lancifolia -j_ 
Bartr. lliiihlands moss; 



(32) I'helyptcris sunulata -- 
(Davcnp-i Nieuwl. Bog Icm; 

Statutory .-luthority G.S. 106-202.12 
through 106-202.19. 



TITLE 4 - DEPARTMENT OF 
COMMERCE 

Notice is hereby given in accordance 
with G.S. I50B-I2 that the 
Department of Commerce intends to 
amend regulation cited as 4 NCAC 
IF .0306. 

The proposed effective date of this 
action is August 1 . 1987 . 

The public hearing will he conducted 
at 10:00 a.m. on May 15, I9S7 at 
Commerce Hearing Room Number 
6158. Dobbs Building. 430 N. 
Salisbivy Street, Raleigh, N.C. 
27611. 

Comment Procedures: Comments 
may be given in either written or oral 
statements. Written statements not 
presented at the hearing may be 
directed to Leo Tilley, Assistant 
Secretary of Commerce. Public 
Hearing is scheduled for May 15, 
1987 at 10:00 a.m. in Room 6158 of 
the Dobbs Building located on 430 
North Salisbury Street, Raleigh,' N .C. 

CHAPTER 1 - DEPARTMENTAL RULES 

SLBCIIAPIER IE- GUARANTY 

AGAINST LOSS RESERVES AND 

LOANS FOR BASIC INDUSTRIAL 

BUILDINGS 

SECTION .0300 - APPLICATION 
PROCEDURES 

.0306 STAFF APPROVAL AND REVIEW 

(c) In determining his decision, the 
secretary will give funding priorities 
to the projects which meet the 
highest number of 12 review criteria. 
In the event that several projects 
have the same relative standing in 
relation to the review criteria, 
primary funding preference will be 
given to those projects located in 
towns which have met the 
qualifications for the designation as a 
community of excellence and those 
communities of less than 15,000 
population. If a project is approved, 
it will be funded for a period of one 
year, or up to fifty thousand dollars 
($50,000.00), plus accruing interest. 
However, if a project is located in a 
community of less than 15,000 
population, the secretar>' may agree 
to increase the funding for that 
project to amounts of up to Qf» 



14 



\ORTH CAROLINA REGISTER 



PROPOSUn R I! I. lis 



hundred thousand doUar s 

($100 , 00 . 00) , two hundred fifty 
thousand dollars ($250,000.00), or 
for a twa three- year period of time, 
plus accruing uiterest. 



Statutory Authority G.S. 
I43B-430. 



I43B-429: 



TITLE 10 - DEPARTMENT OE 
HUMAN RESOURCES 

Notice is hereby given in accordance 
with G.S. I50B-I2 that the 
Commission for Mental Health, 
Mental Retardation and Substance 
Abuse Services intends to adopt 
regulation cited as 10 NCAC I8J 
.0604 and amend regulations cited as 
10 NCAC 181 .0/20: I8Q .0702; 45G 
.030/; 45H .0202, .0203, .0204 and 
.0205. 

The proposed effective date of this 
action is August / , /987. 

The public hearing will be conducted 
at /0:45 a.m. on May 20, /987 at 
The Governor's Room, Sheraton 
Crabtree, 450/ Creedmore Road. 
Raleigh, NC. 

Comment Procedures: Any 

interested person may present his/her 
views and comments by oral 
presentation at the hearing or by 
submitting a written statement. 
Persons wishing to make oral 
presentations should contact: Jackie 
Stalnaker, A PA Coordinator, 
Division of Mental Health, Mental 
Retardation and Substance Abuse 
Scnices, 325 N. Salisbury Street. 
Raleigh, North Carolina 27611. 
(9/9) 733-797! by May 19. /9S7. 
The hearing record will remain open 
for written comments for 30 days 
from April 20, /987 through May /9, 
/9S7. Written comments must be 
sent to the A PA Coordinator at the 
address specified above by .May /9, 
1987 and must state the proposed 
rule or rules to which the comments 
are addressed. 

CIIAPTKR 18- MFNTAL IIKALTll; 
OTIIKR I'ROGRAMS 

SLHCIIAPTIR 181 - ISSIM lAL 
StRVICtS: CKNtRAILY 



SI CTION .0100 - PLRI'OSE: SCOPE: 
APPLICABILITY AND DEHNITIONS 

.0120 ULITNITIONS 

{2^ "Deinstitutionali/.alion 

Client" mean s an individual wha 
i» re s iding in a state mental 
retardation center , a state 
psychiatric hospital , a group 
home loF children who are 
mentally retarded , a s pecialijied 
community re s idential center iof 
children wha a{« mentally 
ret^trded , »f- a group home for 
individual s who are mentally 
retarded and behaviorally 
disordered . 

Statutory Authority G.S. /43B-/47. 

SLIJCHAPTER 18J - ESSENTIAL 

SERVICES PROGRAM REQUIREMENTS 

FOR MENTAL RETARDATION 

SECTION .0600 - STATE FACILITY 
RELATIONSHIPS 

.0604 RESIDENTIAL POPULATION: 
GROUP HOMES FOR MR 
ADULTS 

(a) Hach area program shall assure 
that at least one-half of the total 
resident population of all group 
homes for mentally retarded adults 
in its catchment area is comprised of 
individuals who Lmmediately prior to 
their admission to a group home for 
mentally retarded adults were: 

(1) residents of a state mental 
retardation center, a state 
psychiatric hospital, a group 
home for children who arc 
mentally retarded, a specialized 
community residential center for 
children who are mentally 
retarded, a group home for 
individuals who are mcnt;dly 
retarded and behaviorally 
disordered, or a certified 
ICF/MR facility; 

(2) continuity of care clients as 
defmcdin G.S. 122C-63; or 

(3) chents who had been 
processed and approved for 
admission to a state facihty. 

(b) The area program may be 
exempt from the requirements in (a) 
of this Rule if it is determined and 
approved in writing by the 
appropnate regional director that 
tliere is not a sufficient number of 
clients within the catchment area 
who fall within the cateuories listed 



,\ORTH CAROLINA RLGISIliR 



15 



PROPOSIiD RULES 



m (a) ol this Rule to cnabk- the area 
program to comply uith the 
requirements of this Rule. 

(c) liaeh area program shall 
maintain a written record indicating 
which clients in its area-operated or 
contract group homes for mentally 
retarded adults fall within the 
categories listed in (a) of this Rule. 



Statutory A uthorily 
1 43 B- 1 47. 



G.S. 122C-63: 



SL BCIlAPTtR 18Q - STANDARDS KOR 

OPTIONAL ALCOHOLISM SLRVTCES 

PROGRAMS 

SECTION .0700 - GROUP HOMES FOR 

ADULTS WHO ARE MENTALLY 

RETARDED 

.0702 POPULATION SERVED 

(a) Each group home shall be 
designed primarily to ser\'e mentally 
retarded individuals who are at least 
18 years of age and who are in need 
of a superN'ised living environment 
within a community setting. 

U4 ^ least one - half oi the 
resident population ei each group 
home , e^ m th« ea«c u4k^ t here ar^ 
s everal group homes m tb« 
catchment area , shall bu^ individuals 
uho meet tb^- criteria oi defmjtion oi 
"deinstitutionaJi/ation client . '' 

(c^ (bo No group home shall 
designate any bed for the continuous 
provision of respite services. 



StatutoiT Authority 
I43B-14''. 



G.S. I22C-5I: 



CHAPTER 45 - NORTH CAROLINA 
DRUG CO.MMISSION 

SUBCHAPTER 45G - 

MANUl ACTURERS: DIS I RIBUTORS: 

DISPENSERS AND RESEARCHERS 

OE CONTROI I El) SUBSTANCES 

SECTION .0300- PRESCRIPIIONS 

.0.301 PRESCRIPTION 

REQUIREMENTS GENERALLY 

Compliance with the prescription 
requirements of the federal law, 
inciudinu the requirements presented 
m Part b06 of Title 21 of the Code 
of I-'cderal Regulations, shall be 
deemed compliance under General 
Statute Chapter 90, /Vrticle 5. 
except tbc transfer oi origin;*l 
prescn]ilion information fuF a 
controlled >ub>tance listed in 
Sehedi il ev U;, ty, cm: V: few liw 



purpose ^ refill dispen s ing x*, I4at 
permis s ible between pharmacies at 
iittV- time 



Statutory Authority 
90-106;' I43B-I47. 



G.S. 90-100; 



SUBCHAPTER 4511 - DRUG 
TREATMENT FACILITIES 

SECTION .0200 - SCHEDULES OF 
CONTROLLED SUBSTANCES 

.0202 SCHEDULE I 

(b) Opiates. Unless specifically 
excepted or unless listed in another 
schedule, any of the following 
opiates, including its isomers, esters, 
ethers, salts and salts of isomers, 
esters and ethers wherever the 
existence of such isomers, esters, 
ethers and salts is possible within the 
specific chemical designation: 
^ ..Ufcntanil - mZ 
(30) (^ 3-\lethvlfentanyl - 9813 
(N-|3-methyl-l-(2-phenylethyl)- 
4-pipendyl|-N-phenylpropana- 
mide) 
[32] (^ l-methyl-4- - 9661 
phenyl-4-pro-pionoxypiperi- 
dme ' (MPPF) , its optical 
isomer s, s alts an4 salts e£ 
isomers 
(32) P^ l-(2-phen yi - 9663 

ethyl)-4-phenyl-4-acet yi 

oxypiper-idine (PEPAP) it* 
optical isomers , salt* asd *alt* 
ef isomers 



Stalutorv .Authority 
90-89; /'43B-/47. 



G.S. 90-88; 



.0203 SCHEDULE II 

(c) Opiates. Unless specifically 
excepted or unless in another 
schedule any of the following 
opiates, including its isomers, esters, 
ethers, salts ;md salts ot isomers, 
esters and ethers whenever the 
existence of such isomers, esters, 
ethers and salts is possible within the 
spcciTic chemical designation, 
dextrorphan excepted: 
(Vl Alfentanil - 9737 

Statutory Authority G.S. 90-88; 
90-90; 1 43 B- 147. 

.0204 SCHEDULE III 

(c) Depressants. Unless 
specifically excepted or unless listed 
in another schedule, any materials, 



16 



SORTU CAROLL\A RLGISiLR 



PROPOSliD RULES 



compound, mixture or preparation 
which contains any quantity of the 
following substances having a 
depressant effect on the central 
nervous system: 

(12) "I'iletamine and /ola/.cpam 
or any salt thereof- 
Some trade or other names for a 
tiictarnine-zolazcpam 
combination product: Telazol. 
Some trade or other names for 
tiletamine: 

2^ethylamino)-2-(2-thienyl) 
-cyclohexanone. Some trade or 
other names for zolazepam: 
4-(2-fluorophenyl)-6,8-dihydro- 
1 ,3.8-trimethylpyrazolo- 
|3,4-e|| 1 ,4|-diazepin^^7(TH)-one. 
flupyrazapon.-- 7295 

Statutory Authority G.S. 90-88; 
90-91; I43B-I47. 

.0205 SCHEDULE IV 

(b) Depressants. Unless 
specifically excepted or unless hsted 
in another schedule, any materials, 
compound, mixture or preparation 
which contains any quantity of the 
foUowing substances, including its 
salts, isomers and salts of isomers 
whenever the existence of such salts, 
isomers and salts of isomers is 
possible within the specific chemical 
designation: 

(1) Alprazolam -- 2882 

(2) Barbital - 2145 

(3) Bromazepam -j_ 2748 

(4) Camazcpam -j_ 2749 

(J) (5) Chloral bctame -- 2460 
(4^ (6) Chloral hydrate - 2465 
(4) (7] Chlordiazcpoxidc - 2744 
(8) Clobazam - 2751 
^ (9} Clonazepam -- 2737 
^ QO] Clorazepate -- 2768 

(11) Clotiazepam - 2752 

(12) Cloxazolam - 2753 



(13) Delorazcpam - 2754 
(^ (J42 Diazepam -- 2765 
(15) Estazolam - 2756 
(% (^ l■:thchlor^■vnor-- 2540 
irm (iZl 1-thinamate - 2545 
(IX) Hthyl lollazepate - 275S 
(!')) rTTidlazcpaiii - 27.S9 
(21)) l-luiiilraA-palu ;^ 2763 
(-U4 (21) i'luni/epam - 2767 
^4^ {22)_ 1 lalazcpam -- 2762 

(23) Haloxazolam - 2771 

(24) Ketazolam -- 2772 



(25) Loprazolam -- 2773 



^404 (26) Lorazepam -- 2885 
(27) Lormctazepam -j_ 2774 
(44> (_28) Mcbutamatc -- 2800 
(29) Meda/epam - 2836 
(44) (30] .Mcprobamate - 2820 
^^ (3]j .Methohexital -- 2264 
(4Z) [32| .Mcthylphenobarbital 

(mephobarbitaJ) -- 2250 
(4^ (33) Midazolam -- 2884 

(34) Nimctazepam -_^ 2837 

(35) Nitrazepam -- 2834 

(36) Nordiazepam - 2838 
f4^ (37] Oxazepam -- 2835 
(38) Oxazolam - 2839 

(20) (39] Paraldehyde -- 2585 
(244 (40] Petnchloral -- 2591 
P2> (42) Phenobarbital -- 2285 
(42) Pinazepam - 2883 
{2^ (43] Prazepam -- 2764 
(24) (44] Quazepam -- 2881 
(25> (45] Temazepam -- 2925 
(46) Tetrazepam -- 2886 
P6) (47] Inazolam -- 2887 

Statutory Authority G.S. 90-88; 
90-92; I43B-I47. 

TITLE 1 1 - DEPARTMENT OF 
INSURANCE 

Notice is hereby given in accordance 
with G.S. I SOB- 1 2 that the 
Department of Insurance intends to 
amend regulations cited as 1 1 NCAC 
12 .0319: .0604-.0605; .0607-.0609. 

1 he proposed effective date of this 
action is September 1 , 1987 . 

The public hearing will be conducted 
at 10:00 a.m. on May 15, 1987 at 
Hearing Room at the North Carolina 
Department of Insurance, located on 
the Third Floor of the Dobbs 
Building, 430 North Salisbury Street, 
Raleigh, .Worth Carolina. 

Comment Procedures: Written 

comments and requests for oral 
presentations may be sent to F. J. Di 
Pasquantonio. Post Office Bo.x 
26387. Raleigh. NC ' 2^611 - 
Iclcplumc (91')} ^.,\?-W)(), 

(IIAI'IIU 12-1111 A<C11HM .\M) 
III Aim DIVISION 

SECTION .0300 - GKNKKAL 
PROVISIONS 

.0319 SLBROGATION REGLl ATED 

Li& &F accident »n4 health 



i\ORTH CAROLLXA REGISTER 



17 



PROPOSED RULES 



i n> ^ii r , <iu i. - lonii >. 4mU nui niiilain n 
p i >)v i> i (>i i .^ llovnu l s uhrou. j tion oi 
l H I K:riU . 

( MHijp .iC(. kk-lll aiul licallli 
iiisLiraiuc pdlicics, UR^up MibscnhLT 
contracts issUL-d b\ hospild and 
medical service corporaticms. and 



iirour 



health 



maintenance 



orpani/ation evidences ot coverage 
may contain subrogation of benefits 
pro\isions if they conlorm to the 
follow ing~requirements: 

(1) That subrogation and 
reimbursement nghts be 
restricted solely to recovers' 
agamst third party tortfeasors 
causmg the injury. 

(2) That under no circumstances 
shall the subrogation and 
rcmibursement recovery exceed 
one-third" of the net recovery 
made agamst a tortleasor, with 
the term "net reco\ery " being 
dehned as the recovery an injured 
partN makes against a negligent 
tortfeasor less attorneys' fees and 
expenses mcurred in making the 
ieco\ep,'. 

Staiutor}- Authority G.S. 51-1: 5^-4; 
57-7; 57B-8; 57B-18: 58-9: 58-249; 
58-254.4; 58-254.5; 58-254.7. 



SECTION .0600 - REPLACEMENT 
REGLLATIONS 

.0604 EXEMPTIONS 

(5) Transactions where the 
replacing insurer and the 
e.xistmg msurer are the same, or 
are subsidiaries or afTdiatcs 
under common ownership or 
control; provided, however, 
agents or brokers proposing 
replacement shall comply with 
the requirements of Section 5,A^ 
Rule .0605 (a' 

(6) Registered Contracts shall be 
exempt from the requirements 
of Su t ;tions 7 . H , 2 , *i44 7 . B , ,"i . 
Rule .0607(2)(b) and .()607(2)(c) 
rcquinng pro\ision of I'olicy 
Summary or ledger statement 
information; however, premium 
or contract contribution 
amounts and identification of 
the appropnate prospectus or 
offering circular shall be 
required in lieu thereof 

Statutory .Authority G.S. 58-9. 



.(I6()S 1)1 IMS <)l ACEMS AM) 
UKOM KS 

(a) 
(.^) The rec|uireineiits of 5A( 1) 
Rule .(lb().S(a)(l) and (2) may be 
satisfiecl by suitable questions 
on the application. 

(b) 
(3) Submit to the replacing 

insurer with the application a 
copy of the Replacement Notice 
provided pursuant to Suction 
xeO, Rule .0605(b)(1). 

Statutory Authority G.S. 58-9. 

.0607 DUTIES OF INSLRERS THAT 
LSE AGENTS OR BROKERS 

Each insurer that uses an agent or 
broker in a life insurance or annuity 
sale shall: 
(2) 

(ii) a copy of the 

Replacement Notice 

provided the applicant 
pursuant to Section 5 , B . l , 
Rule .0605(b)(1). Such 
existing lUc insurance or 
annuity shall be identified 
by name of insurer, insured 
and contract number. If a 
number has not been 
assigned by the existing 
msurer, alternative 

identification, such as an 
application or receipt 
number, shall be listed. 
(2) 

(b) Send to each existing 

insurer a written 

communication advising of 
the replacement or proposed 
replacement and the 

identification information 

obtamed pursuant to Section 
2MM Rule .06Q7(2)(a) and a 
Policy Summary, Contract 
Summary or ledger statement 
containmg Policy Data on the 
proposed life insurance as 
required by N.C.G.S. 

58-213.6-213.12 and for an 
annuity a contract summary 
as required in Section 7 , B . 3 , 
Rule .0607(2)(c). Cost 

indices and equivalent level 
annual di\idend figures need 
not be included in the Policy 
Summapv' or Icduer statement. 



18 



SORTH CAROLISA REGISTER 



PROPOSED RULES 



All required items shall be 
sent within five working days 
of the date the application is 
received in the replacing 
insurer's home or regional 
office, or the date the 
proposed poUcy or contract is 
issued, whichever is sooner, 
(d) Each existing insurer or 
such insurer's agent or broker 
that undertakes a 

conservation shall furnish the 
policyowner with a Policy 
Summary for the existing life 
insurance or ledger statement 
containing Policy Data on the 
existing pohcy and/or 
annuity. Such Policy 

Summary or ledger statement 
shall be completed in 
accordance with the 

provisions of N.C.G.S. 
58-213.6 through 213.12, 
except that information 
relating to premiums, cash 
values, death benefits and 
dividends, if any, shall be 
computed from the current 
policy year of the existing life 
insurance. The Policy 

Summary or ledger statement 
shall include the amount of 
any outstanding indebtedness, 
the sum of any dividend 
accumulations or additions, 
and may include any other 
information that is not in 
violation of any regulation or 
statute. Cost indices and 
equivalent level annual 
dividend figures need not be 
included. When annuities are 
involved, the disclosure 
information shall be that 
required in Section B(3) 
above. The replacing insurer 
may 71 , 18st request the 
existing insurer to lurnish it 
with a copy of the Summaries 
or ledger statements, whieli 
shall be within five working 
days of the receipt of the 
request. 

Statutory Authority G.S. 58-9. 

.0608 DLTIF.S OF INSURERS WITH 
RESPECT TO DIRECT 
RESPONSE SALES 

(b) 
(3) Comply with the 



requirements of Section 7 . B . 2 , 
Rule .0607(2)(b)(c). if the 
applicant furnishes the names of 
the existing insurers, and the 
requirements of Section Z£t 
Rule .0607(3), except that it 
need not maintain a 
replacement register. 

Statutory Authority G.S. 58-9. 

.0609 PENALTIES 

(a) A violation of this Regulation 
shall occur if an agent, broker or 
insurer recommends the replacement 
or conservation of an existing policy 
by use of a substantially inaccurate 
presentation or comparison of an 
existing contract's premiums and 
benefits or dividends and values, if 
any. Any insurer, agent, 

representative, officer or employee of 
such insurer failing to comply with 
the requirements of this Regulation 
shall be subject to such penalties a» 
Hta^ be appropriate undet: the 
Insurance Law s provided for in 
N.C.Ci.S. 58-42 ancr5H:44:6. 

Statutory Authority G.S. 5S-9. 

in LE 12 - DKPAR IMEM OF 
JUSTICE 

Notice is hereby given in accordance 
with G.S. I50B-I2 that the North 
Carolina Criminal Justice Education 
and Training Standards Commission 
intends to amend regulations cited as 
12 NCAC 9A .0/03; 9B .0I07-.0II5: 
.0202; .0207; .0217; .0302; 
.0304-.0305; .0309-.03I0; and 
.0408-. 0409; 9C .0308; .0403; .0601; 
.0604; 9D .0202. 

The proposed effecth'e date of this 
action is November 1 , 1987 . 

Vhc public hearing will he conducted 
at 10:00 a.m. on May 28, 1987 at 
City Council Chambers, Cary 
Municipal Building, Cary, North 
Carolina. 

Comment Procedures: Any person 
interested in these rules may present 
oral or written comments relevant to 
the proposed action at the Public 
Rule-Making Hearing. Written 

statements not presented at the 



NORTH CAROLI.XA REGISTER 



19 



PROPOSED RILES 



Hearing should be directed lo the 
undersigned. The proposed rules are 
available for public inspection and 
copies may be obtained at the 
following address: 

Criminal Justice Standards Division 

Sorth Carolina Department of 

Justice 

I West Morgan Street 

Room 15. Court of Appeals Building 

Post Office Dra^-er I4Q 

Raleigh. Sorth Carolina 27602 

CHAPTFR 9 - CRIMINAL JUSTICE 
EDUCATION AND TRAINING 
STANDARDS COMMISSION 

SL'BCMAPTER 9A - CRIMINAL JUSTICE 
EDUCATION AND TRAINING 
STANDARDS COMMISSION 

SEC! ION .0100 - COMMISSION 
ORGANIZATION AND PROCEDURES 

.0103 DEHNITIO.NS 

The following definitions apply 

throughout this chapter, except as 

modified in 12 NCAC 9A .0107 for 

the purpose of the cormnission's 

rule-making and admirustrative 

hearing procedures: 

(6) "Cnminal Justice Officer(s)" 

means and incorporates the 

administrative and subordinate 

personnel of the departments, 

agencies, units or entities 

comprising the 'criminal justice 

agencies' as defined in 

Subparagraph (1) of this Rule, 

who are sworn law enforcement 

officers, both state and local, 

with the pKDwcr of arrest; state 

correctional officers; state 

probation and parole officers, 

including probation and parole 

intake officers, and 

probation parole 

ofTiccrs-surveiUance, and 

probation parole intensive 

olficers; state parole case analyst: 
officers, supervisory and 

administrative personnel of local 
confmement facilities; or state 
youth correctional services 
officers. 
(34) State ' 'i'outh Correctional 
Services Officer" means an 
emplo\ee of the North C;irolina 
Division of \'outh Services 
whose duties include the 
evaluation, treatment, 

instruction, or supervision of 



juveniles conunitted to that 
agency. 

Statutory Authority G.S. I7C-2: 
I7C-6: 'I53A-2I7. 

SLBCIIAPTKR 9It - STANDARDS FOR 

CRIMINAL JUSTICE EMPLOYMENT: 

EDUCATION: AND TRAINING 

SEC1 ION .0100 - MINIMUM 

STANDARDS FOR CRIMINAL JUSTICE 

EMPLOYMENT 

.0107 .MINIMUM STANDARDS FOR 
CORRECTIONAL OFFICERS 

In addition to the requirements for 
cnminal justice officers contained in 
Rule .0101 of this Section, every 
correctional officer employed by an 
agency in North Carolina shall : b© 
s, hi§h. s chool graduate <sf- have 
passed tb@ General Education 
Development te^ indicating high 
school equivalency . 

(1) not have committed or been 
convicted of[ 

(a) a felony within the five year 
period prior to the date of 
application for employment; or 

(b) a crime for which the 
punishment could have been 
imprisonment for more than 
two sears, within the five year 
period prior to the date oT 
application for employment; or 

(c) a crime or unla\sful act 
deTmed as a "Class B 
misdemeanor" within the fi\'e 
year period pnor to the date of 
application for employment; or 

(d) four or more crimes or 
unlawful acts defined as "Class 
B misdemeanors" regardless of 
the date ot conviction; or 

(e) Tour or more crimes or 
unlawful acts defmed as "Class 
A misdemeanors" except the 
applicant may be emplo\'ed" ~l? 
the last conviction occurred 
more than two years pnor to 
the date oT application for 
employment: 

(2) be a high school graduate or 
have 
Education 

indicating 

equi\alency- 

Notc: .\lthough not presently 
required b\ these Rules, the 
commission recommends that on 
the date of employment or within 



passed the General 
Development Test 
hiah school 



20 



SORTH CAROLI.\A REGISTER 



PROPOSED RULES 



24 months thereafter, every 
candidate employed as a 
correctional officer have no less 
than six semester units or nine 
quarter units of educational credit 
at an accredited institution of 
higher education. 

Sialulory Authority G.S. I7C-6. 

.0108 MIMMU.M STANDARDS FOR 
STATE YOUTH SERVICKS 
OFFICKKS 

In addition to the requirements for 
criminal justice officers contained in 
Rule .0101 of the Section, every 
state youth correctional services 
officer employed by the Division of 
Youth Services, Department of 
Human Resources shall: 

Note ; .Although not presently 
required h^ thes . e Rules , the 
commission recommends that. 
svery south correctional officer 
continue hi» education through »» 
accredited institution ^ higher 
learning at. tb« Fate of wsX le^ 

quarter units ei educational credit 
during each 24 month period 
following employment . 

Statutory Authority G.S. I7C-6. 

.0109 MINIMUM STANDARDS FOR 

PROBATION/PAROLE OFFICERS 

In addition to the requirements for 
criminal justice officers contained in 
Rule .0101 of this Section, every 
probation/parole officer employed 
by an agency in North Carolina shall 
b& a graduate of an accredited 
college Of. university and have 
attained a4 least the bacca l aure a te 
degree . 

( 1) not have committed or been 
convicted of: 

(a) a fciony withui the five year 
period prior to the date of 
application for employment; or 

(b) a crime for which the 
punishment could have been 
imprisonment foF more than 
two years, within the five year 
period prior to the date of 
application for employment; or 

(c) a crime or unlawful act 
deTincd as a "Class B 
misdemeanor" within the five 
year penod prior to the date oj^ 



(d) four or more crimes or 
unlawful acts defmed as "Class 
B misdemeanors" regardless of 
the date of conviction; or 

(e) Tour or more crimes or 
unlawful acts defmed as "Class 
A misdemeanors" except the 
applicant may be employed~ ir 
the last conviction occurred 

than 



more 



two years prior to 
oT application for 



the date 
employment" 
(2) be a graduate of an accredited 
college or university and have 
attained at least the baccalaureate 
deuree. 



application tor eiiiplo\ment; or 



Note : Although not presently 
required by these Rule s, the 
commission recorrmiends that 
c\'er)f probation parole officer 
continue hi« education through an 
accredited in s titution (si liighcr 
learning at tha rate of n^ le»s 
than ^ college seme s ter units of 
nine quarter units of educational 
u«d4. dunng each 24 month 
period foUouing employment . 

Statutory Authority G.S. I7C-6. 

.0110 MINIMUM STANDARDS FOR 
PROBATION/PAROLE INTAKE 
OFFICERS 

In addition to the requirements for 
crimin;il justice officers contained in 
Rule .0101 of this Section, every 
probation parole intake officer shall : 
have attained the associate degree of- 
have satisfactorily completed at least 
60 semester hour s oi educational 
credit of SO quarter hour s oi 
educational credit at an accredited 
technical in s titute , tecliiiical college , 
community col l ege , junior col l ege , 
co il egC i i^f univer s ity . 

(1) not have committed or been 
convicted oP 

(a) a fciony within the five >ear 
period prior to the date of 
application for employment; or 

(b) a crime for which the 
punishment could have been 
imprisonment for more than 
two years, within the five year 
period prior to the date of 
application for employment; or 

(c) ;i crime or unlav\ful act 

de lined as a "Class B 
misdemeanor ' within the five 
ye:Lr period prior to Hie d:ite o[ 
application for employment; or 



\ORTH CAROL! \ A REdlSTLR 



21 



PROPOSED RULES 



(d) four or more crimes or 
unJawful acts dcfmed as "Class 
B misdemeanors" regardless of 
the date of con\iction: or 

(e) Tour or more crimes or 
unlawful acts defmed as "Class 
A misdemeanors" except the 
applicant ma> be employed" !? 
the last conviction occurrcil 
more tluin two years pnor to 
the date oT application tor 
employment; 

(2) have attamed the associate 
degree or have satistactorily 
completed at least 60 semester 
hours of~ cducational credit or 90 
quarter hours oT" educational 
credit at an accredited technical 



mstitute, 
commumty 



te chnical 
college, 



college. 



college, college, or university. 
Note; . J dthough aot presently 
required bv these Rules , the 
commission recommends that 
ever) ' probation parole intake 
officer continue hi^ education 
tlirough s^ accredited i astitution 
oi higher learning at the. r^iAa. oi 
not k^;^ than si;c semester units »f 
nin« quarter units oi educational 
credit during each 24 month 
period foUowing employment , 

Statutory Authority G.S. 17C-6. 

.0111 MINIMUM STANnARDS I OR 

LAW tM ORCt.ME.NT OIFICI RS 

In addition to the requirements for 
criminal justice officers contained in 
Rule .0101 of this Section, every law- 
enforcement officer employed by an 
agency in North Carolina shall: 

(1) not have committed or been 
convicted of: 

(a) a felony; or 

(b) a crime for which the 
punishment could have been 
imprisonment for more than 
two years; or 

(c) a crime or unlawful act 
defined as a "Class B 
misdemeanor" within the fi\c 
year period prior to the date of 
application for emplo\ment; or 

te4 (d)_ tour or more crimes or 
unlawful acts defmed as "Class 
B misdemeanors" regardless of 
the date of conviction; or 

(d4 (£) four or more crimes or 
unlawful acts defmed as "Class 
/\ misdemeanors" except the 



applicant may be employed if 
the last conviction occurred 
more than two years prior to 
the date of application for 
employment; 



Statutory Authority G.S. 
I7C-I0. 

.0112 



I7C-6: 



MINIMUM STANUARUS FOR 
I'AROLK CASK ANALYSTS 

In addition to the requirements for 
criminal justice officers contained in 
Rule .0101 of this Section, every 
parole case analyst employed by an 
agency in North Carolina shall : be 
a graduate of an accredited college Of- 
university and ha\c attained at least 
the baccalaureate degree . 

(1) not have committed or been 
convicted of 

(a) a felony withm the five year 
period prior to the date of 
application for employment; or 

(b) a crime for which the 
punishment could have been 

than 



imprisonment for more 
two years, within the five 
penod 



rior to the 



pnor to tne 



ear 

date of 



application for employment; or 

(c) a crime or unlawful act 
defmed as a "Class B 
misdemeanor" withm the five 
year period prior to the date of 
application for employment; or 

(d) four or more crimes or 
unlawful acts defmed as "Class 
B misdemeanors" regardless of 
the date of convi"ction; or 

(e) Tour or more crimes or 
unlawful acts defmed as "Class 
A misdemeanors" except the 
applicant may be employed if 
the last conviction occurred 
more than two years prior to 
the date ot^ application for 
employment; 

(2) be a graduate of an accredited 
college or university and have 
attamed at least the baccalaureate 
degree. 

Note ; Although not presently 
required b^ these Rules , the 
commis.vion recommends that 
e\cp ,' paro' '^ ca«c analyst continue 
hk education through an 
accredited institution oi higher 
learmng at th« pate oi not le^ 
than 6 coUeue semester units or 9- 
qu.arter units of educational credit 



SORT 1 1 CAROUi\A REGISTER 



PROPOSED RULES 



duHAg each 24 month period 
following employment , 

Statutory Authority G.S. I7C-6. 

.0113 MINIMUM STANUARDS 
PROBATION/PAROLE 
OFFICERS-SURVEILLANCE 

In addition to the requirements for 
criminal justice officers contained in 
Rule .0101 of this Section, every 
probation/parole officer-surveillance 
shall : ha\'e attained the as s ociate 
de^^se Of- have satisfactorily 
completed at least 60 semester hours 
oi educational credit ot- ^ quarter 
hours of educational credit sX a» 
accredited technical in s titute , 
technical college, community college , 
junior college , college , or uni^'er s ity . 

(1) not have committed or been 
convicted oT: 

(a) a felony within the five year 
period prior to the date of 
application for employment; or 

(b) a crime for which the 
punishment could have been 
impnsonment for" more than 
two years, within the five year 
penod prior to the date of 
application for employment; or 

(c) a crime or unlawful act 
dcTmed as a "Class B 
misdemeanor" within the five 



year period prior to the date of 
application for employment; or 

(d) four or more crimes or 
unlawful acts defmed as "Class 
B misdemeanors" regardless of 
the date of conviction; or 

(e) Tour or more crimes or 
unlawf in" acts defined as "Class 
A misdemeanors" except the 
applicant may ExT employed i[ 



the 



last conviction 
than 



occurred 



two years poor to 
oT application for 



the date 

employment; 
(2) have attained the associate 
degree or have satisfactorily 
completed at least 60 semester 
hours of" educational credit or 90 
quarter hours oT educational 
credit at an accredited technical 
institute, technical coUeize, 



jur 



community college, 
college, c-olleue, or university. 
Note ; Although mU pre s enlly 
requ i red by ihc^e Ru l e s, the 
commi s ,vion recommend s tUat 
every probat i on parole 



s uncUlancc officer continue hk 
education through an accredited 
institution oi higher learning at the 
Fate of not lc«» than ^ s eme s ter 

educational ciedit during each 24 
month period following 

emplo)fmcnt . 

Statutory Authority G.S. 17C-6. 

.0114 MINIMUM STANDARDS FOR 
LOCAL CONFINEMENT 
PERSONNEL 

In addition to the requirements for 
criminal justice officers contained in 
Rule .0101 of this Section, every 
officer, supervisor or administrator 
employed by a local confinement 
facility in North Carolina shall: 

(1) not have committed or been 
convicted of 

(a) a felony; or 

(b) a crime for which the 
punishment could have been 
imprisonment for more than 
two years; or 

(c) a crime or unlauful act 
dcTmed as a "Class B 
misdemeanor" within the five 
year period prior to the" " 3ate of 
application for employment; or 

(e^ (d) four or more crimes or 
unlawful acts defmed as "Class 
B misdemeanors" regardless of 
the date of conviction; or 

(d^ (e) four or more crimes or 
unlawful acts defmed as "Class 
A misdemeanors" except the 
applicant may be employed if 
the last conviction occurred 
more th;ui two years prior to 
the date of application for 
employment; 

Statutory Authority G.S. I7C-2: 
17C-6; 17C-10. 

.0115 MINIMUM STANDARDS 
PROBATION/PAROLE 
INTENSIVE OFFICERS 

In addition to the requirements for 
criminal justice officers contained in 
Rule .0101 of this Section, every 
probation/parole intensive officer 
employed by an agency in North 
Carolina shall : be a grat l uatc of an 
accred i ted c o lleg e of uni\ersity a444 
have attained at l e a st the 
baccal.iureate degree . 

(1) not have committed or been 
convicted ot: 



NORTH CAROL! \A REGISTER 



23 



PROPOSED RULES 



(;i) A li.-K)iiy uilliiii I la- II u; \i::\r 
pcii(7il piicir to TTr- tl.ik' lA 
■ ipplicalioii for i.-iiiployiiiciil, or 

{h) a [.■nine for wliich llu' 

puiii^hmciil cx)ulJ TTavc hccn 
JmpnsonmL'nt [oF more than 
two years, within the five year 
period prior to the date of 
appHcation for employment; or 

(c) a cnme or unlawful act 

defined as a "(lass B 
misdemeanor" within the five 



c()m[ilelioii of a 

commission-aicreditcd 
Irainini; course by 

correclionai, state youth 
faoiT i uXtional 



services, 



or 



year period prior to the date of 
application for employment; or 
(d) four or more crimes or 

unlawful acts defined as "Class 



B misdemeanors" regardless of 
the date of conviction; or 
(e) Tour or more crimes or 

unlawfjjT acts defined as "(riass 
A misdemeanors" except the 
appUcant may be" employed il 
the last conviction occurred 
more than two years prior to 
the date oF application for 
employment; 
(2) be a graduate of an accredited 
college or umversity and ha\e 
attained at least the baccalaureate 
deizree. 



Statutory Authority G.S. I7C-6. 

SECTION .0200 - MINIMUM 

STANDARDS FOR CRIMINAL JUSTICE 

SCHOOLS AND CRIMINAL JUSTICE 

TRAINING PROGRAMS OR COURSES 

OK INSTRUCTION 

.0202 RESPONSIBILITIES OF THE 
SCHOOL DIRECTOR 

(a) 
(1) 

(A) 

(i) Each basic training course 
required for crimind justice 
officer certification shaU be 
presented with a minimum 
of 12 hours of instruction 
each week during 

consecutive calendar weeks 
except that there may be as 
many as tfu"ee one-week 
breaks until course 

requirements are 

completed. Ihis Rule shall 
not apply to presentations 
of the "Basic fraiiiing -- 
State Youth Correctional 
Services Officers" course. 
(16) 

(C) Upon successful 



probation/parole trainees, the 
director of the school 
conducting such course shall 
notify the commission of the 
satisfactory achievement of 
trainees by submitting a 
monthly Report of Training 
Course Completion. 

Statutory Authority G.S. /7C-6. 

.0207 BASIC TRAINING-STATE 

YOUTH SERVICES OFFICERS 

(a) The basic training course for 
state youth correction;*! services 
officers shall consist of a mirumum 
of 167 hours of instruction designed 
to provide the trainee with the skills 
and knowledge to perform those 
tasks essential to function as a state 
youth correctional services officer. 

(b) Each basic trainmg course for 
state youth correctional services 
officers shaU include training in the 
following identified topical areas: 

Statutory Authority G.S. J7C-6. 

.0217 BASIC TRAINING: ALCOHOL 
LAW ENFORCEMENT AGENTS 

(a) The basic training course for 
alcohol law enforcement agents 
appointed by the Secretary of Crime 
Control and Public Safety as 
authorized under General Statute 
18B-500 shall consist of a minimum 
of 662 601 hours of instruction 
designed to provide the trainee with 
the skiUs and knowledge to perform 
those tasks essential to function as 
an alcohol law enforcement agent. 

(b) Each basic training course for 
alcohol law enforcement agents shall 
include the following identified topic 
areas and minimum instructional 
hours for each area: 

(1) Orientation 3 Hours 

(2) Physical 
Training 23 75 

Hours 

(3) History of ALE 1 Hour 

(4) Constitutional Law, 
Government and 

Civil Rights 14 Hours 

(5) Firearms 64 56 

Hours 



24 



yORTH CAROII.SA REGISTER 



PROPOSED RULES 



(6) Knowledge of l^w, 
General Criminal 
Law and 

Evidence 36 Hours 

(7) Chapter 18B 40 Hours 

(8) ABC 
Regulations 40 32 

Hours 

(9) Controlled 
Substances Act 
Enforcement 16 Hours 

(10) First 

Responder 24 Hours 

(11) ALE Vehicle 
Operations 40 Hours 

(12) Arrest, Search 

and Seizure 60 40 

Hours 

(13) Agent Survival 
Enforcement 
Psychology 4 Hours 

(14) Enforcement 

Sociology 4 Hours 

( 1 5) Stress 

Management 4 Hours 

(16) Defensive 
Tactics 52 44 



(30) ALE Policy 
and Procedure 



8 Hours 



(17; 

(18 
(19 

(20 

(21 
(22 



(23 
(24 
(25 



Hours 
4 Hours 



CivU 

Liability 

DUI and Motor 

Vehicle Law 14 Hours 

ALE 

Investigations ^ 24 

Hours 
Written 
Communications 

40 Hours 
Criminal Justice 
System 24 Hours 

Verbal 
Communications 

i6^ 

Hours 
Evidence 2 Hours 

Juvenile Law 16 Hours 
Observation 6 Hours 



(26) Keading 
(26) Math 



42 



Hour s 
Hours 
Hours 



(27) ALE Tactical 
Operations 4 

(28) Hazardous Devices, 
Explosives and 
Components 4 Hours 

(29) CommunitN Relations, 
Human Relations, 
lithics and 
Courtesy -W S 

Hours 



Statutory Authority G.S. 
I7C-I0. 



I7C-6: 



SECTION .0300 - MINIMUM 

STANDARDS FOR CRIMINAL JUSTICE 

INSTRUCTORS 

.0302 GENERAL INSTRUCTOR 
CERTIFICATION 

Certifications issued in this 

category after December 31, 1984 

shall be limited to those topics 

which are not expressly incorporated 

under the Specific Instructor 

Certification category. Individuals 

certified under the general instructor 

category are not authorized to teach 

any of the subjects specified in Rule 

.0304, entitled "Specific Instructor 

Certification". To qualify for 

issuance of General Instructor 

Crertification, an applicant shall 

demonstrate a combination of 

education and experience in criminal 

justice and proficiency in the 

instructional process to the 

satisfaction of the commission. At a 

minimum, the applicant shall meet 

the following requirements for 

General Instructor Certification; 

(2) Present evidence showing 

successful completion of a 

commission-accredited instructor 

training program or an equivalent 

instructor training course as 

determined by the commission. 

Applicants who hold current 

General Instructor Certification 

under any previously 

commission-adopted instructor 

certification program shall receive 

recognition for any previously 

completed conunission-accreditcd 

instructor training courses or 

previously recognized equivalent 

thereof. All applicants must 

have previously completed an 

instructor training course within 

the twenty - four 12 month period 

preceding application. Persons 

having completed a 

commission-accredited instructor 

training course or an equivalent 

instructor training course as 

determined by the commission 

ami not having made application 

within twu yvar s 12 months of 

completion of the course shall 

complete a subsequent 



NORTH CAROLI\A REGISTER 



25 



PROPOSED RULES 



commission-accredited instructor 
training course in its entirety. 

Sialulory Authority G.S. I7C-6. 

.0304 SI'IXII IC INSTRLCTOK 
CKRIIFICATIO.N 

(d) To qualify for Specific 
Instructor Certification in the State 
Youth CorrcctionaJ Services Medical 
Emergencies topical area, an 
applicant is not required to meet the 
standards for issuance of General 
Instructor Certification, but as a 
minimum, must qualify in the 
following manner; 

Statutory Authority G.S. I7C-6. 

.0305 TKRMS AND CONDITIONS OK 
SI'IXII IC INSTRUCTOR 
CIRTII ICATION 

(4) in the case of the Division 

of Youth Services' Specialized 
Unarmed Self- Defense 

Instructors and State Youth 
Correctional Services Medical 
Emergencies Instructors, a 
favorable written evaluation by 
a commission or staff member, 
or a Staff Development 
Specialist of the Division of 
Youth Services, based on an 
on-site classroom evaluation of 
the probationary instructor in a 
commission-accredited course. 
Such evaluation will be certified 
on a commission-;ipproved 
Instmctor Ivvaluation I'onn 
completed for the topic where 
the probationary instructor 
taught a minimum of four 
hours and for which Specific 
Instructor Certification was 
granted, 
(c) 

(5) in the case of the Division 

of 'I'outh Services' Specialised 
Unarmed Self- Defense 

Instructors and State Youth 
Correctional Services .Medical 
Emergencies Instructors, a 
favorable written evaluation by 
a commission or staff member, 
or a Staff Development 
Specialist of the Division of 
■^'outh Services, based on an 
on-site classroom evaluation ol 
the instructor in ,i 

coniinission-accrediled traituim 



course. The instructor must 
have taught a minimum of four 
hours in the topic for which full 
Specific Instructor Certification 
was granted for the two-year 
period. 

Statutory Authority G.S. 17C-6. 

.0309 RADAR AND TD SPEED 

.MEASLREMENT INSTRUMENT 
INSTRUCTORS 

In addition to all requirements 
contained in .0308 of this Section, 
applicants in this category shall 
complete a 40 30 hour instructor 
training course in time-distance 
speed measurement as required in 12 
NCAC 9B .0211. 

Statutory Authority G.S. I7C-6. 

.0310 TERMS AND CONDITIONS: SMI 
INSTRUCTORS 

(a) The term of a radar instructor 
or a radar and time-distance speed 
measurement instrument instructor 
is two years from the date the 
commission issues the certificate, 
unless sooner terminated by the 
commission. The certificate may be 
renewed for subsequent a s imilar 
period three year periods. The SMI 
instructor desuing renewal shall: 

(1) Hold general instructor 
certification as required in 12 
NCAC 9B .0303. 

(2) Have been active in the SMI 
instructional process during the 
previous two year certification 
period. 

(3) Successfully complete a 
commission-approved SMI 
instructor re-certification course 
as required in 12 NCAC 9B 
.0218 or .0219. 

(b) /Ml S.MI instructors seeking 
re-certification shall successfully 
complete the re-certification course 
within 12 months from expiration of 
the initial certification period or 
re-cert ification period, but not 
sooner than six months prior to the 
expiration of the previous 
certiiication. If re-certitication 
traimng is not obtained within the 
12-month penod, successful 
completion of the appropriate 
instructor training program as 
nciUMvd 111 12 NCAC 9H .03()S will 
be required \o obtain re- instructor 



26 



.WORTH CAROLINA REGISTER 



PROrOSIil) RULES 



certification. Ihis prescribed 

12-month period does not extend the 
2 4- month initial instructor 

certification period. 

Statutory Authority G.S. J7C-6. 

SECTION .0400 - iVIINI,V1UM 

STA.NDARDS FOR COMPLETION OF 

TRAINING 

.0408 COMPREHENSIVE WRITTEN 
EXAMINATION/BASIC 
CERTIFICATION 

(d) A trainee shall pass the 
operator training courses as specified 
in Rules 9B .0212, .0213, and .0214 
by achieving a minimum oT 70 
percent correct answers. 

(e) A trainee shall pass the 
operator trainmg re-certification 
courses as specified m Rules 9B 
.0220, .0221, and .0222 by ~^chleving 
a mmimum of 75 percent correct 
answers. 

(c) (f) A trainee who has fully 
participated in a scheduled delivery 
of an accredited training course and 
has demonstrated 100 percent 
competence in each motor-skill or 
performance area of the course 
curriculum but has failed to achieve 
the minimum score oi 30 percent , 
as specified in (d) of this Rule, on 
the commission's comprehensive 
written examination may request the 
director of the Standards Division to 
authorLie a re-exjunination of the 
trainee. 

Statutory Authority G.S. /7C-6. 

.0409 SATISFACTION OF MINIMUM 
TRAINING - SMI OPERATORS 

(a) To satisfy the minimum 
training requirements for operator 
certification, a trainee shall: 

(1) actiicve a score a{ 70 percent 
correct answers on the 
comprehensive written 

examination, provided for in 12 
NCAC 9B .0408 (d). 
(c) To satisfy the minimum 
training requirements for operator 
re-certification, a trainee shall: 
(1) achieve a score of 30 75 

percent correct answers on the 
comprehensive written 

examination pro%ided for in 12 
NCAC 9B .0408 (e}_ 

Statutory Authority G.S. I7C-6. 



SUBCHAPTER 9C - ADMINISTRATION 

OF CRIMINAL JUSTICE EDUCATION 

AND TRAINING STANDARDS 

SEC I ION .0300 - CERTIFICATION OF 
CRIMINAL JUSTICE OFFICERS 

.0308 INSTRUMENT OPERATORS 
CERTIFICATION PROGRAM 

(b) (Certification in either category 
will reflect operational proficiency in 
the designated typc(s) of approved 
equipment for which the trainee has 
been examined and tested. Such 
certification or re - certification s shall 
be continuous for a two year period 
from the date of issue and 
re-cerlifications shaU be continuous 
for a ihree year penod~!rom the date 
oF issuc, unless sooner termmated by 
the ct>mmission. At a minimum, 
the applicant shall meet the 
following requirements for operator 
certification or re-certification upon 
the jiresentation of documentary 
evidence showing that the applicant: 

(c) (\Ttification Um^ operator s 
awardvd in either category s hall 
e , \pire on midniglit 24 month s from 
ibe iXaXh oi i s sue , unle ss s ooner 
tcrmin.ilcd by the commi ss ion . 
Certified operators shall be notified 
by the commission not less than 90 
days prior to expiration of 
certification. All applicants for 
re-cerlification shall successfully 

commission-approved 
course within 12 

the expiration of the 
previous certification course but not 
sooner than six months prior to the 
expiration of the previous 
certific.ition. If re-certification is not 
obtained within the 12 month 
period, successful completion of the 
appropriate operator training 

Iirograms as required by 12 N(~A(' 
9H .()40Q(a) will be required to 
obtain operator re- certification. 
This prescribed 12 month period 
shall not extend the original operator 
certification period beyond its 
specific expiration date. 

Statutory Authority G.S. I7C-6. 

SECTION .0400 - ACCREDITATION OF 

CRIMINAL JUSTICE SCHOOLS AND 

TRAINING COURSES 

.0403 REPORTS DETRAINING 
( OURSE PRESENTATION 
AND COMPI.I HON 



complete a 
re-certification 
months from 



NORTH CAROLISA RliCilSTHR 



27 



PROPOSED RULES 



(b) Upon successful completion 
of a commission-accredited training 
course by correctional, state youth 
correctional services, or 

probation parole trainees, the 
director of the school conductmg 
such course shall notify the 
commission of the satisfactory 
achievement of trainees by 
submitting a monthly Report of 
Training Course Completion. 



Statutory Authority G.S. 
17C-I0. 



I7C-6: 



SECTION .0600 - EQtIP.ME.NT AND 
FROCEDLRES 

.0601 APPROVED SPEED-MEASURING 
INSTRL.MENTS 

(a) The following speed 
instruments are approved for radio 
microwave (radar) use, provided they 
are not equipped with dual antennas: 

(1) CM I Speed Gun (No longer 
approved in N.C.) 

(2) CMI Speed Gun Five (No 
longer approved in N.C.) 

(3) CMI Speed Gun Eight (No 
longer approved in N.C.) 

(4) Decatur DCP (No longer 
appro\'ed in N.C.) 

(5) Decatur Ra-Gun G-1 and 
G-2 (No longer approved in 
N.C.) 

(6) Decatur Ra-Gun G-5 and 
G-6 (No longer approved in 
N.C.) 

(7) Decatur Rangemaster 715 
(No longer approved in N.C.) 

(8) Decatur Rangemaster 715 
(No longer approved in N.C.) 

(9) Decatur MV 724 (No longer 
approved in N.C.) 

(10) Kustom nR-4(No longer 
approved in N.C.) 

(11) Kustom rR-6 (No longer 
approved in N.C.) 

(12) Kustom HR-8 
Stationary 

(13) Kustom HR-12 
Moving/ Stationary 

(14) Kustom MR-7 (No longer 
approved in N.C.) 

(15) Kustom MR-9 (No longer 
approved in N.C.) 

(16) Ku.stom KR-11 
Mo\ini; Stationars 

(17) .MlMl K-15 
Stationary 



(18) MPH K-55 
Moving/Stationary 

(19) MPH S-80 
Moving Stationary 

(20) Sa-So (No longer approved 
m N.C.) 

(21) Simplex FAR 23 (No longer 
approved in N.C.) 

(22) Decatur Ra-Gun (RAS & 
"N" Series) Stationary 

(23) Simplex FAR 54 (No longer 
approved in N.C.) Stationar)^ 

(24) Decatur Ra-Gun 1 and 2 
(RAS) (mcluded in No. 22) 

(25) Kustom KR-!0 SP 
Moving Stationary 

(26) MPH K-55 with SOS 
Adapter (No longer approved in 
N.C.) Mo\ma 

(27) MPH S-80Vith SOS 
Adapter (No longer approved in 
N.C.) Mo\mg 

(28) Kustom Falcon 
Stationary 

(29) Kustom Roadrunner 
Stationary 

(30) Kustom Trooper 
Moving, Stationary 

(31) Decatur MVR 715 
Moving/ Stationary 

(32) Decatur MVR 724 
Moving Stationary 

(33) Decatur Hunter 
Movmg/ Stationary 

(b) The following speed 
mstruments are approved for 
time-distance use provided that the 
instrument is not capable of 
accepting double time or double 
distance into the computer: 

(1) KR-11; Stopwatch Mode 
Kustom Signals, Inc. 

(2) TDS Computer (No longer 



approved in \.C.) Stcphcn tiOft 

(3) Vascar I 

F-"ederal Sign and Signal 
Corporation 

(4) Vascar 11 

Federal Sign and Signal 
Corporation 

(5) Vascar Plus 

Traffic Safety Systems, Inc. 

Statutory Authority G.S. /7C-6. 

.0604 IKS TINC: TIME DISTA.NCE 

(a) The minimum specific test for 
time-distance speed-measuring 

instruments shall include: 

(^ TDS Computer Stephen s on . 



28 



SORTII CAROUSA REGISTER 



PROPOSED RULES 



With tba power on »nd tiu; 
computer erased and ready to 
accept distance and time 
informati any enter an exact 
quarter im- one - half mil« oi 
distance from a pre - me as ured 
location on tb« highway by 
turning tha distance s witch on 
at th« beginning of th^ 
prc - mcasured course and off at 
the end of the prc - mcasured 
course . 3^ be u'ithin tolerance 
the distance readout s hall a^:ee 
with the measured di s tance 
witliin A percent i^e. one 
qu;trter mile ,2^ plus - minus 
Mil i^2A^ 050 Of 0544 Of one 
half mile ,^0£i plus - minu s JiQ2 
(,49s, ,409, ,500, .504- of ,502), 
Turn on the distance lock 
s witch and enter 4-5.0 s econds of 

©G 3 t lc3 .s t ify.u \}\ X\, no mO rC 

t hs n 60.0 for a one Quar ter rnilc 
distance , f^o^^ (^»c half a mile of 
di s tance enter ^QrO seconds , the 

39.^ Ijut- no iTi<.)rc th^n ^0. 1 , 
Statutory Authority G.S. I7C-6. 

SUBCHAPTER 9D - PROFESSIONAL 
CERTIFICATE PROGRAMS 

SECTION .0200 - CRIMINAL JUSTICE 

OFFICERS' PROFESSIONAL 

CERTIFICATE PROGRAM 

.0202 GENERAL PROVISIONS 

(a) 
(2) 1 he ofTicer shall hold general 
certification with the 

commission in one of the 
foUowing categories: 
(D) state youth correctional 
services officer; 

(F) probation/parole officer- 
surveillance; 

(G) probation/parole intensive 
officer. 

(c) Certificates will be awarded in 
in an officer's area of expertise only. 
Separate sub-programs will be 
administered as foUows: 

(2) Youth Services Corrections 
Certificate. The ^'outh Services 
Corrections Certificate is 
appropriate for permanent, paid 
state >(Hith sciMces correct i ona l 
olTicers emplo\ed by tiie 



Division of Youth Services of 
the Department of Human 
Resources. 

Statutory Authority G.S. I7C-6. 

rH LE 15 - DKI'AR IMKNI OF 

NA I URAL RESOURCKS AM) 

CO.MMLNITV DEVELOPMENT 

Notice is hereby given in accordance 
with G.S. I SOB- 1 2 that the 
Environmental Management 

Commission intends to amend 
regulations cited as 15 NCAC 2D 
.0524. .0525, .0530. .0531. and .0532. 

The proposed effective date of this 
action is October 1 , 1987. 

The public hearing will be conducted 
at 2:00 p.m. on May 15. 1987 at 
Ground Floor Hearing Room, 
.Archdale Building, 512 North 
Salisbury Street, Raleigh. North 
Carolina 2761 1 . 

Comment Procedures: All persons 
interested in these matters are invited 
10 attend the public hearings. 
Persons desiring to comment on the 
proposals are requested to give 
written notice thereof on or before the 
hearing date. Any person desiring to 
present lengthy comments is 
requested to submit a written 
statement for inclusion in the record 
of proceedings at the public hearing. 
The record of proceedings will 
remain open for 30 days following the 
hearing to receive additional written 
statements. To be included, the 
statement must be received by the 
department within 30 days. 
Additional information concerning the 
hearing or the proposals may be 
obtained by contacting: Mr. Thomas 
C. Allen, Division of Environmental 
Management. P.O. Box 27687, 
Raleigh, North Carolina 27611-7687, 
(919) 733-3340. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2D - AIR POLLUTION 
CONTROL REQUIREMENTS 

SECTION .0500 - EMISSION ( ONTROI, 
SIANDARDS 

.l)S:4 Nl W SOI K( I I'l Kl OUMANCE 
SIANDARDS 



\ORTH CAROLINA REGISTER 



29 



PROPOSED RULES 



(a) Sources of the following types 
when subject to new source 
performance standards promulgated 
Part 60 shall comply 
emission standards, 
and reporting 

maintenance 
notification and record 
performance 
method and 



in 40 CFR 

with the 

monitoring 

requirements, 

requirements, 

keeping requirements, 

test requirements, test 



procedure provisions, and any other 
provisions, as required therein, rather 
than with any otherwise-applicable 
regulation in this Section or Section 
.0900 of this Subchapter which 
would be in conflict therewith: 

(55) Basic Oxygen Process 
Steehnaking Facilities For 
Which Construction Is 
Commenced After January 20, 
1983: (40 CFR 60.1 to 60.39 
and 60.140a to 60.149a); 

(56) Industrial-Commercial- 
Institutional S'cam Generating 
Units (40 CFR 60.1 to 60.39 
and 60.40b to 60.49b). 

(d) Paragraphs (b)_ («) and (4) (c) 
of Regulation .0601 of Subchapter 
2H of this Chapter are not 
applicable to any source to which 
tliis Regulation applies. The source 
shall apply for a permit as required 
in Paragraph (a) (-b) of Regulation 
.0601 of Subchapter 2H of this 
Chapter. 

(e) Ilie version of the new source 
performance standard listed in 
Paragraph (a) of this Regulation is 
that which appeared in the Code of 
Federal Regulations as of Februar\' 
14. 1987. November X^ X^h 

Statinon Authority G.S. 143-215.3 
(a) (I'l: 143-215.68: 143-215.10^ 
(a) (5). 

.0525 NATIONAI, EMISSIO.N 

ST.WU.ARUS FOR IIAZARDOLS 
AIR POLLLTA.NTS 

(a) Sources emitting pollutants of 
the following types when subject to 
national emission standards for 
hazardous air pollutants 

promulgated in 40 CFR Part 61 
shall comply with emission 
standards, monitoring and reporting 
requirements, maintenance 

requirements, notification and record 
keeping requirements, performance 
test requirements, test method and 
any other provisions, as required 



therein, rather than with any 
otherwise-applicable regulation in 
this Subchapter Section or Section 
.0900 of this Subchapter which 
would be in conflict therewith: 

(d) Paraeraphs (^ (b) and (4^ (c) 
of Regulafion 15 NCAC 2H .0601 
arc not applicable to any source to 
which this Regulation applies. The 
source shall apply for a permit as 
required in Paragraph {h^ (a} of 
Regulation 15 NCAC 2H .0601. 

Statutory Authority G.S. 

1 43-2 1 5. 3 (a) (I); 143-215.107 (a) 
(5j; 143-215.68. 

.0530 PREVENTION OF SIGNIFICANT 
DETERIORATION 

(a) The purpose of this Regulation 
is to implement a program for the 
prevention of significant 
deterioration of air quahty as 
rcquu-cd by 40 CFR &iJ4 51.166. 
40 CFR 5101 51.166 and other 
referenced Code of Federal 
Regulations as used in this 
Regulation refer to those federal 
regulations in effect on December 
46. lajiq March 1, 1987. 

(b) For the purposes of this 
Regulation the definitions contained 
m 40 CFR $ir2A 51.166 (b) and 40 
CFR 51.301 shall apply. The 
reasonable period specified in 40 
CFR ^Xa^ 51.166 (b)(3)(ii) shaU be 
seven years. ITie limitation specified 
m 40 CFR 5i01 51.166 (b)(15)(ii) 
shall not apply. 

(d) Redcsignations of areas to 
(^ass I or II may be submitted as 
state proposals to the Administrator 
of the Environmental Protection 
Agency (EPA), if the requirements 
or40'CFR 5404 51.166 (g)(2) are 
met. Areas may be proposed to be 
redesignated as Class III, if the 
requirements of 40 CFR 51 . 2 4 
51.166 (g) (3) are met. 
Redcsignations may not, however, 
be proposed which would violate the 
restrictions of 40 CFR ^XOA 51.166 
(c). Lands within the boundaries of 
Indian Reservations may be 
redesignated only by appropriate 
Indian Governing Body. 

(c) In areas designated as Class I, 
II, or III, increases in pollutant 
concentrations o\er the baseline 
concentration shall be limited to the 
values set forth in 40 CFR ^^X-JA 



30 



SORTH CAROLL\A REGISTER 



PROPOSED RULES 



5 1 . 1 66 (c). However, concentration 
of the pollutant shall not exceed 
standards set forth in 40 CFR ^ir24 
51 166 (d). 

(f) Concentrations attributable to 
the conditions described in 40 CFR 
$XM. 51.166 (f)(1) shaU be excluded 
in determining compliance with a 
maximum allowable increase. 
However, the exclusions referred to 
in 40 CFR SJ,24 51.166 (0(l)(i) or 
(ii) shall be limited to five years as 
described in 40 CFR $12A 51.166 

(f)(2). 

(g) Major stationary sources and 
major modifications shall comply 
with the requirements contained in 
40 CFR ^XOA 51.166 (i) and by 
extension in 40 CFR ^lOA 51.166 
(j) through (o). The minimum 
requirements described in the 
portions of 40 CFR Si^l 51.166 
referenced in this Paragraph are 
hereby adopted as the requirements 
to be used under this Regulation, 
except as otherwise provided in this 
Regulation. Wherever the language 
of the portions of 40 CFR ^XOA 
51.166 referenced in this Paragraph 
speaks of the "plan," the 
requirements described therein shall 
apply to the source to which they 
pertain, except as otherwise provided 
in this Regulation. Whenever the 
portions of 40 CFR 51.166 
referenced in this Paragraph provide 
that the state plan may exempt or 
not apply certain requirements in 
certain circumstances, those 
exemptions and provisions of 
nonapplicability are also hereby 
adopted under this Regulation. 
However, this provision shall not be 
interpreted so as to limit information 
that may be requested from the 
owner or operator by the director as 
specified in 40 CFR ^A^2A 51.166 
(n)(2). 

(h) Paragraphs (c^ (b) and (4) (c} 
of Regulation 15 N'CAC 2H .0601 
are not applicable to any source to 
which this Regulation applies. 
Sources to which this Regulation 
applies shall apply for a permit as 
required in Paragraph (fe) (a) of 
Regulation 15 NCAC 2H .0601. 

(1) A substitution or modification 
of a model as provided for in 40 
CFR ^4,24 51.166 (1) shall be 
subject \o public comment 



procedures in accordance with the 
requirements of 40 CI'R 51 . 2 4 
51.166 (q). 

(m) Permits may be issued on the 
basis of irmovative control 
technology as .set forth in 40 CFR 
5i^ 51.166 (s)(l) if the 
requirements of 40 CFR 51 . 2 4 
5 1 . 1 66 (s)(2) have been met, subject 
to the condition of 40 CFR ^1,24 
5 1 . 1 66 (s)(3), and with the allowance 
scTTorth in 40 CFR 54,24 51.166 
(s)(4). 

(n) If a source to which this 
Regulation applies impacts an area 
designated Class I by requirements 
of 40 CFR ^XOA 51.166 (e), notice 
to HPA shall be provided as set forth 
m 40 CFR 54,24 51.166 (p)(l). If 
the Federal Land Manager presents 
a demonstration described in 40 
CFR 54,24 51.166 (p)(3) during the 
public comment period or public 
hearing to the director and if the 
director concurs with this 
demonstration, the permit 

apphcation shall be denied. Permits 
may be issued on the basis that the 
requirements for variances as set 
forth ui 40 CFR 54,24 51.166 (p)(4), 
(p)(5) and (p)(7), or (p)(6) and 
(p)(7) have been satisfied. 

(o) A permit application subject 
to this Regulation shall be processed 
in accordance with the procedures 
and requirements of 40 CFR 51 . 2 4 
51.166 (q). Within 30 days of 
receipt of the application, applicants 
shall be notified if the application is 
complete as to initial information 
submitted. Notwithstanding this 
determination, the 90-day period 
provided for the commission to act 
by G.S. 143-215.108(b) shaU be 
considered to begin at the end of the 
period allowed for public comment, 
at the end of any pubUc hearing held 
on the application, or when the 
appUcant supplies information 
requested by the director in answer 
to comments received during the 
comment period or at any public 
hearing, whichever is later. The 
director shall notify the 

Administrator of EPA of any 
application considered approved by 
expiration of the 90 days; this 
notification shall be made with-in 10 
working days of the date of 
expiration. If no pennit action has 



XORTH CAROLINA REGISTER 



M 



PKOroSI-D RULliS 



been taken wlicn 7Q dass of the 
90-day pcnod ha\c expired, the 
commission shall relinquish its 
prevention of significant 

deterioration (PSD) authority to 
EPA for that permit. The 

commission shall notify by letter the 
EPA Regional Administrator and 
the applicant when 70 days have 
expired. HPA will then have 

responsibility for satisfying unmet 
PSD requirements, including permit 
issuance with appropriate conditions. 
The permit applicant must secure 
from the commission, a permit 
revised (if necessary) to contain 
conditions at least as stringent as 
those in the EPA permit, before 
beginning construction. 

Commencement of construction 
before fuU PSD approval is obtained 
constitutes a violation of tliis 
Regulation, 
(r) Revisions of the North 
Carolina State Implementation Plan 
for ,Air Quality shall comply with 
the requirements contained in 40 
CFR ^i,24 51.166 (a)(2). 

Statulory Authority G.S. 143-215.3 
(a) (I'l: I43-2I5.6S: 143-215.107 
(a) (3): 143-215.107 (a) (5): 
143-215.107 (aj (7); 143-215.108 
(b). 

.0531 SOURCES I.N .NONATTAI.NME.NT 
AREAS 

(b) For the purpose of this 
Regulation the definitions contained 
in 40 CF-R 51 . 18(])(1) .SI. i65(a)(l) 
and 40 CER 51.301 shall apply. 
The reasonable period specified in 40 
CER 54aS (+) (1) (j^ (44 (ii 51 165 

(a) Qi (vi) (C) Ql shall be seven 
years. 

(c) This Regulation is not 
applicable to: 

(4) a new source or modification 
which qualifies for exemption 
under the provision of 40 CER 
51 . IS(j)( .l ) 51.165(a)(4) ; and 

(d) Paraw-aphs 1^ (h^ and (U^ (c} 
of Regulation 15 NCAC 211 .0601 
are not applicable to any source to 
which this Regulation applies. I'hc 
source must shall apply for a permit 
as required in Paratiaph ft4 (a| of 
Regulation 15 NCAC 2\\ .0601. 

(e) lo issue a pennit to a source 
to \shich this Regulation ap|ilies, the 
director shall detennine that the 



source will meet the following 
requirements: 

(3) The source will satisfy one of 
the following conditions: 
(B) The source will obtain 
sufficient emission reductions 
of the nonattainment 

poUutant from other sources 
in the nonattainment area so 
that the emissions from the 
new source will be less than 
the emissions reductions. 
The baseline for this emission 
offset shall be the actual 
emissions of the source from 
which offset credit is 
obtained. Emission 

reductions must not include 
any reductions resulting from 
compliance (or scheduled 
compliance) with applicable 
regulations in effect prior to 
the application. The 

difference between the 
emissions from the new 
source and the emission 
reductions must be sufficient 
to represent reasonable 
further progress toward 
attaining the Ambient Air 
Quahty Standards. The 

emissions reduction credits 
must also conform to the 
provisions of 40 CER 51 , 18 
^ O^ (44 (*^ 51.165 (a) Q} 
(u| (A] through (g^ (G). ITie 
requirements of this Part may 
be partially waived if the 
source is required to be 
modified as a result of EPA 
regulations and no exemption 
from such regulations is 
available and only if: 
(i) the permit applicant 
demonstrates that it made 
its best efforts to obtain 
sufficient emission offsets 
to comply with this Part; 
(ii) the applicant has secured 
all available emission 
offsets; and 
(iii) the applicant will continue 
to seek the necessary 
emission offsets and apply 
them when they become 
available, 
(j) The version of the referenced 
Code of lederal Regulations in this 
Regulation is that as of Mav iU, 
-UiiU .March I, l'JS7. 



32 



\ORTH CAROLI.XA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. 143-215.3 
(a) (I); 143-215.107 (a) (5); 
143-215.108 (b). 

.0532 SOURCES CONTRIBUTING TO 
AN AMBIENT VIOLATION 

(c) The Regulation is not 
applicable to; 

(5) a new or modified source 
whose impact will increase not 
more than: 

(E) 5 ug/m3 of total suspended 
particulares particulates on a 
24-hour basis, 
(H) 2 mg/m3 of carbon 

monoxide on a one-hour 

basis, sA. afi^ locality that docs 

not lae&t a national ambient 

air quality s tandard . 

at any locality that does not meet a 

national ambient air quahty 

standard. 

(d) Paragraphs (c> [b} and (d) (c) 
of Regulation 15 NCAC 2H .0601 
arc not applicable to any source to 
wlaich this Regulation applies. 
These sources shall apply for a 
permit as required in Paragraph (t^ 
(a) of Regulation 15 NCAC 2H 
.0601. 

(g) The version of the referenced 
Code of Federal Regulations in this 
Regulation is that as of May 20^ 
4^M March 1, 1987. 

Statutory Authority G.S. 143-215.3 
(a) (I); 143-215.107 (a) (5); 
143-215.108 (b). 

Notice is hereby given in accordance 
with G.S. 150B-12 that the Division 
of Water Resources intends to adopt 
regulations cited as 15 NCAC 2G 
.0501 - .0507. 

The proposed effective date of this 
action is September 1 , 1987 . 

The public hearing will be conducted 
at 7:00 p.m. on May 18, 1987 at 
Ground Floor Hearing Room, 
Archdale Building, 512 N. Salisbury 
Street, Raleigh. NC. 

Comment .Procedures: Comments, 
statements, data, and other 
information may be submitted in 
writing prior to and up to 30 days 
following the public hearing or may 
be presented orally at the hearing. 



So that all persons desiring to speak 
may do so, lengthy statements may 
be limited at the discretion of the 
hearing officers. Oral presentations 
which exceed three minutes must be 
accompanied by a written copy which 
will be filed with the hearing clerk at 
the time of the registration. Written 
comments should be sent to Kimberly 
Brewer, DWR. P.O. Box 27687, 
Raleigh, NC 27611. 

SUBCHAPTER 2G - WATER 
RESOURCES PROGRAMS 

SECTION .0500 - ALLOCATION OF 

JORDAN LAKE WATER SUPPLY 

STORAGE 

.0501 INTRODUCTION 

To increase the availability of 
municipal and industrial water 
supplies, the State of North Carolina 
requested the U.S. Army Corps of 
Engineers to designate 32.62 percent 
of the Jordan I.ake conservation 
storage, between the elevations 202 
mean sea level (msl) and 216 msl, as 
water supply storage. 

The State, acting through the 
Environmental Management 

Commission, will assign to local 
governments having a need for water 
supply capacity any interest held by 
the State in such storage, with 
proportional payment by the user to 
the State for the project's capital, 
interest, and operating costs. 

Upon signing the water supply 
storage contract with the U.S. Army 
Corps of Engineers, the Commission 
will apply the following procedures 
in allocating Jordan Lake water 
supply storage. 

Statutory Authority G.S. 143-215.3 
(a) (1); 143-215.38 through .43; 
143-354 (a) (11); 143B-282. 

.0502 DEFINITIONS 

As used throughout this 
Subchapter: 

(1) "Capital costs" means initial 
costs of the project; 

(2) "Commission" means 
Environmental Management 
Commission; 

(3) "Department" means the 
North Carolina Department of 
Natural Resources and 
Community Development; 

(4) "Division" means the Division 



SORTII CAROLINA REGISTER 



33 



PROPOSED RULES 



of Water Resources; 

(5) "L-ffectivc date of allocation" 
means the date the Commission 
approves the allocation; 

(6) "Interest costs" means mterest 
accrued on the unpaid balance; 

(7) "Local government" means 
any city, county, authority, 
sanitary district, metropolit;m 
water district, or other local unit; 

(8) "Operating costs" means 
Jordan Lake's state and federal 
operating, maintenance, 
replacement, and administrative 
costs associated with water 
supply storage; 

(9) "State" means the state of 
North Carolina; and 

(10) "Water supply storage" means 
storage of water for municipal or 
industrial use. 

Statutory' Authority G.S. 143-354 (a) 
(II). 

.0503 FORMAL APPLICATION 

(a) The commission may receive 
initial allocation requests from local 
governments beginning on this 
section's effective date. In order to 
be reviewed, applications must 
contain the foUowmg Lnformation: 

(1) Projected population and 
water use, including a detailed 
map of the existing and 
projected water service areas; 

(2) A listing of water sources 
presently available, including 
estimated yields of these 
sources; 

(3) An analysis of the yield, 
quality, and cost of alternative 
sources of water supply other 
than Jordan Lake that could 
meet or partially meet projected 
needs, including regionalization 
of system.s; 

(4) A description of water-loss 
reduction and demand 
-management practices to be 
used; 

(5) An outline of plans to use 
water from Jordan Lake, 
including proposed location of 
intake and water treatment 
plant(s), location of wastewater 
treatment plant(s), an>' 
proposed sharing of facilities ox 
other cooperative arrangements 
with other local uovemmcnts, 



and a proposed schedule of 
development; 

(6) A plan for monitoring the 
quality of the raw and fmished 
water in accordance with the 
requirements of North 
Carolma's Department of 
Human Resources and the U.S. 
Environmental Protection 
Agency; 

(7) The estimated cost of 
developmg water supply 
facilities at Jordan Lake, also 
costs of alternative sources of 
supply; and 

(8) A letter of intent to enter 
into a fmancial commitment for 
Jordan Lake water storage. 

(b) The commission or the 
department may request such 
additional Lnformation as may be 
reasonably necessary for a complete 
understanding of the allocation 
request. 

(c) Local governments may apply 
for two levels of allocation: Level I 
allocations are for applicants which 
have demonstrated an immediate 
need and wiQ commence 
withdrawals within five years of the 
effective date of allocation; Level II 
allocations are for applicants with 
documented longer range needs for 
water. 

(d) The applicant should include 
in the application the assumptions 
and the methodology used to 
develop projections. The 
commission will assist applicants by 
providing a copy of departmental 
procedures for projecting water 
supply demands and determining 
yields. 

(e) Using departmental procedures 
for projecting water supply demands 
and determining yields, the 
department will provide the 
commission an independent 
assessment of the applicant's water 
supply needs. 

Statutory Auihoritv G.S. 143-2 J 5. 3 
la) (I): 143-354 (a) (II); 
143B-282. 

.0504 ALLOCATIO.N OF WATER 
SLl'PLV S10KAGF 

(a) The segment of Jordan 1 .;ike 
proposed for a water supply 
withdrawal must be classified by the 
commission as a drinking water 



34 



SORTH CAROLISA REGISTER 



I'ROPOSliD RULliS 



source prior to any allocation of 
Jordan Lake water supply storage. 
Prior to the first allocation of water 
supply storage at Jordan Lake, the 
commission shall hold one or more 
public meetings on the amount(s) 
requested by each applicant, the 
suitability of Jordan Lake water for 
public water supply use, the 
availability of alternative water 
sources, and the best utilization of 
the water resources of the region. 
For future allocation decisions, 
additional public meetings may be 
held as determined by' the 
commission. 

(b) The commission will assign 
Ixvel I allocations of Jordan lake 
water supply storage based on an 
intent to begin withdrawing water 
within five years of the effective date 
of allocation, on consideration of 
projected water supply needs for a 
period not to exceed 20 years, and 
on the design capacity of the 
associated withdrawal and treatment 
facilities. 

(c) The commission will make 
Level II allocations of Jordan Lake 
water supply to applicants based on 
projected water supply needs for a 
period not to exceed 30 years. 

(d) The commission will initially 
keep a portion of the water supply 
storage unallocated to meet future 
water supply needs as they develop. 

(e) If lurtlier storage is rctiiiested 
by holders of level II aiJDcations, 
liiese [xiilies inii.st submit an 
application addeniiiiiii to the 
commission for review. 

(0 When holders of I evel II 
allocations have documented an 
iimnediate need and wish to 
commence withdrawals within five 
years, their Level II allocations will 
be changed to Level I upon review 
and approval by the commission. 

(g) The department will issue a 
notice that it has received 
applications for Level I and Level II 
allocations and requests for increases 
in allocations, with a 3()-day period 
for comment. If there is significant 
public interest, the department may 
hold a public meeting to obtain 
comments ami information, witii 
appropriate notice 

(ii) for applicants whose ilischarge 



or intake represents a diversion 
pursuant to G.S. 153A-285 or 
162A-7, the commission will 
coordinate the review of the 
diversion with the review of the 
allocation request. 

(i) The commission will review 
the Level I and L^evel II allocations 
at five year intervals, beginning on 
the effective date of the first 
allocation, and wiU periodically 
review and adjust the reserve 
capacity to reflect Level I allocations 
as well as Level I and Level II 
requests. 

(j) When assigning, reassigning, or 
transferring allocations, the 

commission will give priority to, (1) 
Ixvel I applicants over Ix'vel II 
applic;ints and holders, and (2) daily 
use over use only during water 
shortages, with a goal of maximizing 
full use of the resource. 

Statutory Authority G.S. / 43-54 (a) 
(II): 143-215.3 (a) (I); 143B-282: 
I53A-285; I62A-7. 

.0505 NOTIFICATION AND 
PAYMLNT 

(a) The commission will notify 
applicants of the decisions made 
regarding their allocation requests. 

(b) Recipients of Level I 
allocations are required to pay a 
proportional share of the project's 
water supply storage capital and 
interest costs within two years of the 
ellective date of the allocation, anil 
to |iay annually a proportional share 
of operating costs. 

(c) Holders of I A;vel II allocations 
are required to pay a proportional 
share of the project's water supply 
storage interest costs. 

Statutory Authority G.S. 143-215.3 
(a) (I); 143-354 (a) (II); 
I43B-282. 

.0506 RECIPIENTS' REQUIREMENTS 

(a) Holders of Level I allocations 
must provide documentation 
meeting the requirements of the 
North ('arolina I'nvironmental 
Policy Act, (J.S. 11,3A-1 thru 
1I3A-1(), at the time the holders 
l^rojiose to biiilil facilities to use 
water liom .loidan I ake. Such 
(.loeumentation shall inckiile the 
ensironmental impacts of the 



NORTH CAROLINA REGISTER 



35 



PROPOSED RULES 



proposed withdrawal, treatment, 
distribution, and disposal of the 
holders' allocated water. 

(b) Local governments must install 
and maintain suitable meters for the 
measurement of water withdrawn, 
report these withdrawals to the 
department on a monthly basis, and 
obtain the department's approval for 
the design, location, and installation 
of associated withdrawal facilities. 

(c) Holders of Level I and Level II 
allocations must pay the required 
capital, interest, and operating costs 
when due. 

Statutory Authority G.S. I I3A-I 
through II3A-I0: 143-215.3 (a) (I); 
143-354 (a) (II); I43B-282. 

.0507 LOSS OF ALLOCATION 

(a) Level I allocations will be 
reviewed for possible reassignment if 
the recipient does not begin to 
withdraw water within five years of 
the effective date of allocation or is 
not using and withdrawing the water 
as proposed in the application. 

(b) Level I and Level II 
allocations wiU be rescinded upon 
fjiilure by the local government to 
meet the regulation requirements in 
.0506 (a), (b), and (c). 

(c) The commission may adjust, 
reassign, or transfer interests in water 
supply storage held by local 
governments, if indicated by an 
investigation of needs or changes in 
the project's water supply storage 
capacity. Capital, interest, and 
operating costs will be equitably 
adjusted to reflect the allocation 
recipients' proportion of total 
capacity. 

Holders of I rvel I and I xivel II 
allocations will receive appropnate 
refunds for any payments made if 
their allocations are adjusted, 
reassigned, or otherwise amended 
with the approval of the 
commission. Rcscmded allocations 
wUl not be refunded. 

Statutory Authority G.S. /43-2L').3 
Id) ('/); 143-354 (a) (//): 
/43B-2S2. 

\otice is hereby given in accordance 
with G.S. 1508-12 that the Division 
of linvironmenta/ Management 



intends to amend regulations cited as 
15 NCAC 2H .0101 - .0115; .0117 - 
.0118; .0122 - .0124; .0201 - .0206; 
.0208 - .0209; .0211 - .02/3; .0215; 
.0218; .0901 - .0910; .0912 - .0915; 
adopt 15 NCAC 2H .0127 - .0141; 
.0219 - .0221; .0916 - .0917; repeal 
15 NCAC 211 .0210; .0214; .0216; 
.0911. 

The proposed effective date of this 
action is October 1 , 1987. 

The public hearing will be conducted 
at 1:00 p.m. on May 19, 1987 at 
Ground Floor Hearing Room, 
Archdale Building, 512 N. Salisbury 
Street, Raleigh, NC. 

Comment Procedures: Comments, 
statements. data, and other 
information may be submitted in 
writing prior to or up to 30 days 
following the public hearing or may 
he presented orally at the hearing. 
.So that all persons desiring to speak 
may do so. lengthy statements may 
be limited at the discretion of the 
hearing officer. Oral presentations 
which exceed three minutes must be 
accompanied by a written copy which 
will be filed with the hearing clerk at 
the time of registration. Written 
comments should be sent to Mr. 
Dennis Ramsey, DEM. WQ, P. O. 
Box 27687, Raleigh, North Carolina 
27611. 

SLBCIIAPTER 2H - PROCEDURES FOR 
PERMITS: APPROVALS 

SECTION .0100 - WASTEWATER 

DISCHARGES TO THE SLRFACE 

WAFERS 

.0101 PI KI'OSE 

(a) These Regulations implement 
Cj.S. 143-215.1 which requires 
pennits for control of sources of 
water pollution by providing the 
requirements and procedures for 
application and issuance of state 
NPDLS permits for a discharge from 
an outlet, point source, or disposal 
system discharging to the surface 
waters of the state, and, for the 
construction, entering a contract for 
construction, and operation of 
treatment works with such a 
discharge (see Section .0200 of this 
Subchapter regarding permits for 
disposal systems not discharging to 



36 



yORlH CAROUi\A REGISTER 



PROPOSED RULES 



the surface waters of the state). 
ITiese Regulations also contain the 
requirements and procedures for 
issuance of state permits for 
pretreatment facilities. (See Section 
.0900 of this Subchapter for 
regulations for permits issued by 
local pretreatment programs). 

(b) Regulations and Statutes 
relerenced in this Section may be' 
found at the Division oT 
Environmental Management, Water 
Quality SectioiTs offices at the 
foUowing locations: 

- Permittmg and Engineering 
Unit, ArcEdale Building, 512 
N. Salisbury St., Raleigh. 
N.C. 

- Raleigh Regional Office, 
3800 Barrett Dr., Raleigh, 



N.C. 

- Asheville Regional Office, 
"159 Woodfm St., Asheville, 
N.C. 

MooresviUe Regional 
Office, 919 N. Mam St, 
Moorcsville, N.C. 

FayetteviUe Regional 
Office, Wachovia Bldg. Suite 
714, FayetteviUe, N.C. 

Washington Regional 
Office, 1502 N. Market St., 
Washington, N.C. 
-_ Wilmington Regional 
Office, 7225 Wrightsvillc 
Ave., Wilmington, N.C. 

- Winston-Salem Regional 
Office, 8003 ~NBrthPoInt 
Blvd., Winston-Salem, N.C. 



Statutory Authority G.S. I43-2I5.3 
(a) (J); 143-215. 1. 

.0102 SCOPE 

These Regulations apply to all 
persons dischargimg or proposing to 
discharge waste to the surface waters 
of the state; discharging or proposing 
to discharge waste requiring 
pretreatment to a treatment works of 
another; constructing or proposing 
to construct a treatment or 
pretreatment works with such a 
discharge; operate or propose to 
operate a treatment works with such 
a discharge. pro\id i .;d tbiO. I'liis 
regulation does not apply to those 
persons who have obtained a pennit 
from a local pretreatment program 
control authority, whose 



pretreatment program was approved 
in accordance with Section .0900 of 
tliis Subchapter and authorized to 
issue such permits. ^ da not require 
■^ s eparate s tate permit iet- 
pretreatment facilitie s. 

Statutory Authority (l.S. 143-215.1; 
143-215.3 (a) (I): 143-215.3 (a) 
(14). 

.0103 UEFINITION OF TERMS 

For the purpose of these 
Regulations the following definitions 
shall apply: 

(1) "Commission" means the 
Environmental Management 
Commission of the Department 
of Natural Resources and 
Community Development or its 
successor. 

(2) "Committee" means the 
NPDES committee of the 
Environmental Management 
Commission. 

(3) (^ "Director" means the 
Director of the Division of 
Environmental Management, 
Department of Natural 
Resources and Community 
Development or his delegate. 

(42 (^ "EPA" means the United 

States Environmental Protection 

Agency. 
[5] (4). "NPDES" means the 

National Pollutant Discharge 

Elimination System. 

(6) (^ "New Source" shall apply to 
any industrial installation, from 
which there may be a discharge, 
the construction or modification 
of which is commenced on or 
after the date of publication of 
new source performance 
standards and/or pretreatment 
standards for new sources by the 
Environmental Protection 
Agency. 

(7) (^ "New Source Performance 
Standards" means those 
standards of performance applied 
to industrial discharges defmed as 
new sources. 

(S) "Pennit" means an NPDIS 
permit or pretreatment pennit. 

(9_| "POrW" means Publicly 
Owned Treatment Works. 

(10) 'Pretreatment Standard" 
means anv resiulation containing 
poUutiint discharge limits for 



yORTH CAROLISA REGISTER 



37 



PROPOSED RILES 



indirect dischargers for ensuring 
compliance with section 3tlh(b| 
and (c) oT"lhc Clean Water Act. 
I'his term includes proliihiti\c 
discharge limits and local sewer 
use ordinance lirruts. 



(11) "Primarv Industry" means an 
industr.- Usted in 40 CFR 122, 
Appendix A. 

(12) "Professional Engineer" 
means a person who is presently 
registered and licensed as a 
prolessional engineer by the 
North Carolina State Board "oT 
Registration For Prolessional 
Engineers and Land Surveyors. 

(13) IM "Stair^means the staff 

of the Division of Environmental 
Management, Department of 
Natural Resources and 

CommunitN Development. 

(14) "Cjeneral Permit" means an 
NPDES "permit" issued under 
40 CFR 122 authorizing a 
categor.' of discharges which all 
involve the same or substantially 
similar types oF operations, 
discharge the same types oT 
wastes, require the same effluent 
limitations or operating 
conditions, require the same or 
similar monitormg, and m the 
opinion of the director are more 
appropriately controlled under a 
general permit than under 
individual permits. 

(15) ".Mine dewatcrmg" means 
discharges oT uncontaminatcd 
infiltrate ~ and stormwater from 
mine excavation and dcwatering 
performed to lower the water 
table to allow muiing in an area. 

(16) "Notice of Intent" means 



tormal written notification to the 
division that a proposed 
discharge is mtendcd to be 
covered by a general permit and 
takes the place of "application" 
used with mdividual permits. 
(17) 'Oil lerminal Storage 

Facilities ' means petroleum bulk 
storage, product transfer, loading, 
unloading, and related areas hut 
does iK^t include mannas or 
facilities primanh engaged in the 
retail sale ot petroleum products. 
Oil water separators such as 
those at maintenance garages, gas 
stations, and National Cjuard and 



military resen.-e facilities are 
included in this defmition. 
( IS) "Once-through non-contact 
cooUng water" means water 
taken from wells, surface waters, 
or water supply systems and used 
in a non-contact cooling system 
without the addition of biocides 
or other chemical additives. 



Boiler blow-down waters are 



included in 
Nuclear and 



this 
fossil 



defmition. 
fuel electric 



generating plants are not included 
in this deiinition. 
(19) "Sand Dredge" means a 
facility to remove sand from river 

mining 
in this 



bottoms. 



No other 
are included 



activities _ 

definition. 
(20) "Seafood Packing Facility 
means a busmess 



a busmess which is 

pnmaril\ engaged in the sorting 
and packing of fresh seafood and 
which has a discharge consisting 
entirely of washdown and nnse 
water. Trout packmg facihties 
are included in this d efinition. 

seafood 



Wastewaters 



from 



processing plants arc not 
included m this definition. 

(21) "Swimmmg Pool I'iltcr 
Backwash" means normal filter 
backwash water from both public 
and pnvate swimming pKjols. 

(22) " I'rout Farm" means a 
acUitv for the commercial 



production of trout. 
(23) "Water Filtration Facility" 
means backwash fdters and 



sludge 



disposal 
with water 



systems 
associated with water treatment 
plants an? backwash fdters 
associated with weUs. 



Statutory Authority G.S. 143-213; 

143-215.3 (a) (I). 

.OlO-t REQUIRED PERMITS 

(a) For purpose of this state's 
NPDES program, the discharge of 
waste or any pollutant shall be 
unlawful except as in compliance 
with N.C.G.S. 143-215.1 and these 
Regulations. N£ person shall do 
any of the things or carry out any oT 
the activities contained in N.C.G.S. 
143-215.1(a)(I) thru (10) until or 
unless such person shall have applicH 
for and shaJl have received trom the 
commission (or if applicable, a local 



38 



.\ORTH C A ROUS A REGISTER 



PROPOSED RULES 



prctrcatmcnt authority), a permit 
therefore and shall have comphed 
with such coriditions, if any, as may 
be prescribed by such permit. 
~ (b) In accordance with the 
requirements oT NCGS 

143-21 5. l(c)(2)b, the comiiussion 
hereby delegates the authority to 
issue permits required by NCGS 
143-215. 1(a)(1) for discharges to the 
surface waters oT ^omestic waste lor 
single family dwellings oT r,000 
gallons per day or less to the local 
health departments in each of the 
state's 100 counties. These permits 
must be issued in accordance with 
the requirements oT NCGS 
143-215.1, and it is the responsibility 
of the local health department to 
ensure that permit compliance is 
maintained. This delegation shall be 
effective as of January J_^ 1988. 
Upon the ellcctTvc 3ate of this 
regulation, copies of ^ existing 
single family permits wUl be 
transferred From the Division oT 
I'lnvironmental Management to the 
county health departments in whIcE 
the discharges are located. 
~(&^ N« person shall da aay of the 
following things of carry out an^ of 
the following acti\itie s until or 
unless s uch person shall have applied 
for and s hall have received from the 
commis s ion (otr if applicable, a local 
prctreatment authority) a permit 
therefor and shall have complied 
with s uch conditions , if any^ <i^ ^f<^ 
prescribed by such permit ; 
(-14 make any outlets into the 

waters of the state ; 
ij\ QQn struct or oncr^tp ^ny 
s ewer s ystem , treatment works . 
Of- dispo s al system within the 
st a tes 
^ alter , extend , of change 

the construction of- method of 
operation of any sewer s y s tem , 
treatment works , of disposal 
sy s tem within the state ; 
(4) increase the quantity of 

waste d i sciiarged through any 
outlet OF proce s sed in any 
tre a tment works , m: dispo s a l 
sy s tem tu an e . v.teiil wliicli 
would re s ult in any \iolation of 
the effluent s tandard s or 
limitations established iot- any 
point source ot- which would 
adversely affect the condition of 



tl4e receiving water s ta the 
extent oi violating any of the 
standards applicable ta such 
water , of ta any extent beyond 
s uch minimum limit s a« the 
conuni ss ion may pre s cribe , by 
way of general exemption from 
the provision s of this Paragraph , 
by its official regulations ; 

(^ change the nature of the 
waste discharged through any 
dispo s al system in any way 
which would exceed the effluent 
standard s ar limitation s 

established for any point source 
or which would adver s ely affect 
the condition of the receiving 
waters in relation ta any of Uie 
standard s applicable ta sueh 
waters ; 

(^\ ca use or perm it n nv \\'ustc, 
directly or indirectly ta be 
discharged ta ar in any manner 
intermixed with the waters af 
the s tate in violation of the 
water quality s tandard s 

applicable ta the a ss igned 
classification s of- in violation of 
any effluent standard s or 
limitations e s tablished ioF any 
point source , unle ss allowed a» 
a condition af any permit , 
special order at: other 
appropriate in s trument issued or 
entered inta by the commis s ion 
under the provisions af this 
article ; 

(J^ cau s e Of permit any wa s te s 
{of which prctreatment is 
required by prctreatment 
s tandard s ta be discharged 
directly of indirectly , from a 
prctreatment facility ta any 
disposal system of ta alteiv 
extend of change the 
construction of method of 
operation of increa s e the 
quantity aF change the natuFe of 
the ^vaste di s charged from of 
proces s ed in s uch facility ; 

(4^4 enter inta a contr a ct foF the 
con s truction aFkd in s tallation of 
aF^,' outlet , sewer sy s tem , 
treat inent work s, pretrealnient 
facility of di s pos a l sy s tem of Iof 
the i ilteration of exten s ion of 
any such facilities . 

Statutory Authority G.S. 143-215. 1 
(a); 143-215.3 (a) (I). 



AORTH CAROLINA REGISTER 



39 



PRorosin K 1 1. lis 



.0105 API'LICATION: ASSESSMENT 
FOR NEW SOURCES 

(a) Except as provided in 
Subdivisions (c) and (d) of this 
Regulation, any person discharging 
or who proposes to discharge 
pollutants to the surface waters of 
the state or to a POIW when 
pretreatment oT~ the wastewater is 
required shall complete, sign, and 
submit, in triplicate, an N'PDES 
appbcation accompanied by the 
processing fee described herein for 
each application in the form of a 
check or money order made payable 
to N.C. Department of Natural 
Resources and Community 

Development. Short I'orm A 

(municipal) , Q- (agriculture), Q- 
(manufacturing and mining) , of- D 
(commercial) a» appropriate m 
accordance with the instructions 
pro\idcd with such form s. The 
NPDES application forms to be 

types oT 



used for the various 
discharges are as follows: 
Std. I'orm A: aU municipal 

systems greater 
tlian or equal to 
1.0 MGDand any 
municipal system 
receivmg 

mdustrial waste 
from a" prim an,' 
industry 
any municipal 
system not 

covered by Sid. 
I'onn A 
All agncuilurc 
Telated dischari;e s 



Short Form A 



Short I'onn I); 



Std. Form C: 



All primary 
industnes 
listed in 40 



Las 

CFR 

122.21, Appendix 
A) and all other 
industrial process 
commercial 



and 

discharges greater 
than or equal 



_ l£ 
(il'l) 

cooling 



.SO.OOO 
except 
waters, 

tower blowdown. 
and boiler 

blowdown 
Short Form C: Cooling waters, 

cooling tower 

blowdown. boiler 
blowdown, and 



industrial 
commercial 



any 



or 



discharges 
covered 
Std. Form 



not 
under 



Short Form 



Short Form E: 



Short Form E^ or 
Short Form R 
D: AH domestic waste 
discharges not 
covered by Std. 
Form A and 
Short Form A. 
Notice of Intent to 



gcner 



^ 



Short Form F 



covered 

al permit for 
once -_ through 
non - contact 
cooling waters 
with no biocidal 
additives, 
statewide. 
Notice of Intent to 



Short Form G: 



be covered 5y 
general permit for 
mine dewatering 
facilities, 
statewide. 
Notice of Intent to 
be covere3 by 
for 



permit tor 
filtration 



Short Form H 



general 

water 

facilities, 

statewide. 

Notice of Intent to 

for 



be covered 



Short Form I 



Short Form J: 



general permit for 
swimming pool 
filter backwash 
facilities, 
statewulc. 

Notice of Intent to 
be covered Fy 
general permit tor 
seafood packing 
facilities, 
statewide. 

Notice of Intent to 
be covered b 



general permit for 
oil termirial 



storage 
discharging 
water su 



ities 
to 



Short Form K 



(WS-III) waters. 
Notice of Intent to 
be covered bv 
general permit for 
od terminal 

storage facilities 
dischiirging to 



40 



yORTH CAROLINA REGISTER 



PROPOSED RULES 



other 



waters, 



statewide. 

Short Form L^ Notice of Intent to 

"Fe covered 5>' 

permit for 

dredges, 



ger 



Short Form M 



sand 

statewide. 
Notice of Intent 



to be covered b 



Short Form N: 



general permit for 
trout farms, 

statewide. 

Notice of Intent to 

be covered bv 
general permit for 
aquifer" 
restoration. 
The pretreatment application 
forms to be used "will be supplied by 
the Division. 

AU A nonrefundable processing 
fee o Fone hundred dollars (STOQ.OO) 
shall be submitted with each 
application or Notice of Intent, and 
a pubhc notice fe~ ol^ fifty dollars 
($50.00) shaU be submitted with 
each application, except for general 
permits, processed by the division 
includmg requests for name changes, 
and modifications to the permit 
requested by the applicant. If the 
permit does not go to public notice, 
the public notice lee will be refunded 
to the applicant. No processing fee 
wilTBe charged for modification of 
unexpired permits when the 
modifications are initiated by the 
director to correct processing errors, 
to change permit conditions, or 
otherwise to implement new 
standards. The processing fee shall 
not apply to any farmer who 
submits an application which 
pertains to his farming operation. 
An application s are is incomplete 
until required processing fees , we 
public notice fees and adequate 
information to evaluate the proposed 
facility have been received. i«n4 
Incorrect or incomplete applications 
may be returned to the applicant. 
The. proces s ing fee i« »» follows ; 

Flow (gpd) i^ee 

i^GssTbimaaa $250)0 

iOWOG*4,aaa $ 50,00 

5,000 - 4 9 , 999 $ 75.00 

50 , 000 Of mofe SlOO . OO 

(b) Applicants for projects 
requiring construction of control 
facilities shall in addition to 



applications required in subdivision 
(a) of this Rule, file, in triplicate, an 
engineering proposal setting forth the 
following information: 

( 1 ) a description of the orgin 
, M^ type , and flow of waste 
which is proposed to be 
discharged. Flow shall be 

determined 



Rule 2H 



in accordance 
.0206(T) of 



with 
this 



chapter. 
(2) a summary of waste 

treatment and disposal options 
that were considered and why 
the proposed system and pomt 
of discharge were selected; the 
summary should have sufficient 
detail to assure that the most 
environmentally sound 

alternative was selected from the 
effective 



reasonably 
options; 



cost 



(3) (2^ a narrative description of 
the proposed treatment works 
including iao. type and 
arrangement of major 
components, in sufficient detail 
to assure that the proposed 
facility has the capability to 
comply with the permit limits; 
for commonly used treatment 
system or components with well 
established treatment 
capabilities, detailed plans an"3^ 
specifications need not be 
submitted until the application 
for the authorization to 
construct; however, detailed 
plans and specifications shall be 
required with the permit 
apphcation for any system or 
component without well 
established treatment 
capabilities for the nature oT 
waste or degree of treatment 
needed to meet the permit 
limits; 

(J) a- projected evaluation ef the 
effect of the discharge upon the 
receiving waters , 

(4) a general location map, 
showing orientation of the 
facility with reference to at least 



twt) geographic 
(numbered roads, 



references 
named 



streams/nvers, etc.); 
(5) (4^ a scale location plan , of 
the site showing location oTthe 
proposed treatment works and 
the proposed point of discharge; 



NORTH CAROLI.\A REGISTER 



41 



PROrOSED RULES 



^5) 3t v Ao\ vA'i ii of the site of t he 

proposed treatment works . 

(6) special studies or modelling 

may be required m cases wnere 

the impacts oT the discharge 

cannot be readlTy determined by 

the division. 

(c) Applications for NPDES 

permit renewals may shall be 

accomplished by letter by HEng the 

appropriate application torm as 

listed in (a) above, with the 

processing fee described herein in the 

form of a check or money order 

made payable to N.C. Department 

of Natural Resource^ and 

Community Development, provid i .:d 

the appli t ;ant contemphite s no 

change ia the wa s tewater \olume 04: 

characteri s tics allowed by the permit 

about ta sKpire , A renewal 

apphcation which contemplate s any 

change i» the wa s tewater \olumc &f- 

characteristic s allowed by (4^ 

exi s ting permit mu s t be submitted m 

accordance with paragraph (^ oi 

this Rule at least 180 days prior to 

expiration of a NPDES permit. The 

notice and public participation 

procedures set in regulations .0109 

and .0111 of this section shall be 

followed for each request for 

reissuance of an NPDES the permit. 

AH apphcations are incomplete until 

required processing fees are received, 

and may be returned to the 

applicant. The processing fee shaU 

not apply to any farmer who 

submits an application which 

pertains to his farming operation. 

The processing fee for NPDES 

Permit Renewal issued by the 

division is as foUowTI tTic same as 

hsted m [a) above. 

I'low (gpd) 

Le**iiaft9^ 

4,000-0,399 

5,000 . 49,999 

50 , 000 Of BWfe 



$ 25.00 
$50,00 
$25,00 
$100 . 00 
Complete NPDES applications 
which have been pre\'iously fUe4 
W4tb Region iV., C4i4, shall be 
considered an applicat i on iW s tale 
Nl'DLiS permit , if they have not 
been denied and, the di s charge 
discnbed in the application has n^it 
substantial!)' changed in nature , 
volume Of- frequency . 
(d) (e) Applications for permits for 



pretreatment facilities shall be made 
in triplicate upon forms approved by 
the director and submitted along 
with applicable supporting 

information to the division at the 
addresses given in subdivision (a)~or 
this regulation. 

(e) (f^ Applicants for permits 
for new source discharges which 
propose to discharge industrial 
process wastewater in excess of 
100,000 gallons per day or 10 MGD 
of cooling water or any other 
proposed discharge oT \_ MGD or 
greater to the surface waters shall 
file, in addition to the apphcations 
and supporting documents required 
in Subsections (a) and (b), an 
environmental assessment sufficient 
to describe the impact of the 
proposed action upon the waters of 
the area. As a minimum, the 
environmental assessment shall 
contain the following: 

(1) Cover Sheet. The cover sheet 
shall indicate the nature of the 
proposed action, the name of 
the permit apphcant, the date of 
the assessment and the signature 
of the responsible company 
official. 

(2) The assessment shall identify, 
develop, and analyze the 
pertinent issues concerning the 
impact on the aquatic 
environment as follows: 

(A'l Background and 

description of the projxjsed 
new source ; discharge: The 
assessment shall describe the 
proposed new source 

discharge , its product or 
purpose, its location and its 
construction and operation 
time schedule in as broad a 
context as is reasonable. The 
relationship of the new s ource 
project to other projects and 
proposals directly affected by 
or stemming from the 
construction and operation of 
the new source discharge 
should be discussed. Maps, 
photos, or artist sketches 
should be incorporated if 
available to help depict the 
environmental setting and, if 
not available, supporting 
documents should be 
referenced. 



42 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



(B) Alternatives available for 
treatment or other control 
methods should be described, 
developed and objectively 
weighed against the proposed 
new source discharge. The 
analysis should be sufficiently 
detailed to allow for 
comparative evaluation of 
impacts on the aquatic 
environment. The analysis of 
alternatives shall be compared 
to the existing aquatic 
environment. 

(C) The assessment should 
discuss the primary and 
secondary environmental 
impacts both beneficial and 
adverse. The scope of the 
description should include 
both short term and long 
term impacts. 

(D) Adverse impacts which 
cannot be avoided should the 
permit be issued should be 
described in detail and 
proposed remedial or 
protective measures which 
wUl be taken to minimize 
such impacts should be 
described. This shaU be a 
description of the extent to 
which the proposed activity 
involves trade-offs between 
short term environmental 
gains at the expense of long 
term losses or vice-versa and 
the extent to which proposed 
actions may foreclose future 
options. The assessment 
must adequately address 
irreversible and irretrievable 
commitments of aquatic 
resources which will result if 
the new ii ourcc permit is 
issued. 

(3) Any assessment which is 
required by any other state 
agency or any federal agency 
shall be deemed to comply with 
requirements of this subsection 
provided aquatic imjiacts are 
adequately addressed. 

(4) No permit shall be 

subject to challenge by a third 
party on the grounds that 
information required under this 
subsection is incomplete or 
insufficient. 



(f) Permits which result in 
construction of facilities which will 
be funded~by pubhc momcs may 
require environmental 

documentation pursuant to the 
North Carolina Hnvironmeiital 
Policy Act. NPDES permit 

applications for which such 
documentation is required will be 
considered incomplete until 

supported" by the required 
documentation. 



(g) For NPDES permits, a full 
disclosure of aU toxic components 
that can be reasonably expected to 
be in the discharge, mcluding but 
not limited to those contained in a 
priority poUutant analysis, must be 
submitted for all primary industnal 
direct discharges in accordance with 
40 CI R 122.21 Appendix D which 
are adopted by reference as amended 
through Jan. \_ 1986 an3~ for other 
direct discharges as required by the 
director. 

Statutory Authority G.S. 143-215. 1 
(c): 143-215.3 (a) (1). 

.0106 ULING APPLICATIONS 

(a) Permit applications 
accompanied by the processing fee 
as described in Regulation .0105 of 
this Section shall be filed with the 
Director, Division of Environmental 
.Management, P. O. Box 27687, 
Raleigli, North Carolina, 27611. 

(b) All applications shall be 

filed at least 180 days in advance of 
the date on which an existing permit 
expires or in sufficient time prior to 
the proposed commencement of a 
waste discharge to insure compliance 
with all legal procedures. 

(e) N I 'I^ES Permit applications 
filed with the director shall be signed 
as follows: 

(1) in the case of corporations, 
by a principal executive officer 
oi at least the level of 
vice-president, or his duly 
aulliori/.ed representative, if 
such representali\e is 
re>|xinsible for the overall 
operation of the facility from 
which the discharge described in 
the NPDES permit application 
form originates; 

(2) in the case of a partnership, 



iXORTH CAROLI.XA REGISTER 



43 



PROPOSED RULES 



by a general partner and in the 
case of a limited partnership, by 
a general partner; 

(3) in the case of a sole 
proprietorship, by the 
proprietor; 

(4) in the case of a municipal, 
state, or other public entity by 
either a principal executi\e 
ofiiccr, ranking elected official 
or other duly authorized 
employee. 

Statutory Authority G.S. 143-215.1 
(c): 143-215.3 (a) (I). 

.0107 STAFF REVIEW AND 
EVALLATION 

(a) The director is authorized to 
accept applications for the 
commission and shall refer all 
applications to the staff for re\iew 
and evaluation. Additionally, the 
director shall refer applications for 
the disposal of waste into waters 
classified as sources of public water 
supply (classification i^A li^ WS II 
& III) and shellfish waters classified 
SA to the Division of Health 
Services, Department of Human 
Resources, for review and wnttcn 
approval. in accordance with the 
provi s ions of G^ 1 4 3 .2 1 5 . 1 (a) . 

(b) The director or his designee 
shall acknowledge receipt of a 
complete application, or if not 
complete, shall return the 
application to the applicant with a 
statement of what additional 
information is required. 

(c) Tentative Determination and 
Draft Permit 

(1) The staff shall conduct a 
treatment work j., &r in the ca»e 
oi new di s charges , a site 
investigation including an 
on-site inspection and shall 
prepare its written evaluation 
and tentative determination to 
issue or deny the NPDES 
permit, ioi- the discharge 

(2) If the staff's tentative 
determination in Paragraph (1) 
of this Subdivision is to issue 
the NPDES permit, it shall if 
necessary- make the following 
additional determinations in 
writing: 

(A) proposed effluent 



limitations for those 

pollutants proposed to be 
limited; 

(B) a proposed schedule of 
compliance, including interim 
dates and requirements, for 
meeting the proposed effluent 
limitations; and 

(C) a brief description of any 
other proposed sp>ecial 
conditions which wiU have 
significant impact upon the 
discharge described in the 
NPDES application. 

(3) The staff shall organize the 
determinations made pursuant 
to Paragraphs (1) and (2) of this 
Subdivision into a draft NPDES 
permit. 
(d) In the case of permits for 
wTuch notice of mtent is given on 
short forms E through N as 
described in rule .01Q5(a) oT this 
.\rticle. a general permit shall be 
prepared and issued directly to the 
applicant m lieu oT any other 
acknowledgement. iFlhe Notice of 
Intent is unacceptable, it wiU be 
returned to the applicant with a brief 
explanation. 

Statutory' Authority G.S. 130-161: 

1 43-2 15. 1 (a); ' 143-215.1 (c): 

143-215.3 (a) (I); 143-215.3 (a) 
(4). 

.0108 FACT SHEETS 

(a) For all discharges which do 
not qualify for a general penmt and 
which have a total volume of 



500,000 or more gallons on any day, 
or as may be determined by the 
director, a fact sheet providing a 
brief synopsis of the application shall 
be prepared by the staff and made 
available upon request foUowing 
issuance of the public notice. The 
contents of such fact sheets shall 
include at least the following 
information: 

(1) a sketch or detailed 
description of the location of 
the discharge described in the 
NPDES application; 

(2) a quantitative description 

of the discharge described in the 
NPDES application which 
includes at least the following: 
(A) the rate or frequency of 



44 



SORTH CAROLI.XA REGISTER 



PROPOSIiD RULES 



the proposed discharge; if the 
discharge is continuous, the 
average daily flow in gallons 
per day or million gallons per 
day; 

(B) for thermal discharges 
subject to limitation under 
the act, the average summer 
and winter temperatures in 
degrees Fahrenheit; and 

(C) the average daily discharge 
in pounds per day of any 
pollutants which are present 
in significant quantities or 
which are subject to 
limitations or prohibition; 

(3) the tentative determinations 
required under Regulation .0107 
of this Section; 

(4) a brief citation, Lncluding 

a brief identification of the uses 
for which the receiving waters 
have been classified, of the 
water quality standards and 
effluent standards and 

limitations applied to the 
proposed discharge; and 

(5) a fuUer description of the 
procedures for the formulation 
of fmal determinations than that 
given in the public notice 
including: 

(A) the 30-day comment 
period required by Regulation 
.0110 of this Section, 

(B) procedures for requesting 

a public hearing meeting and 
the nature thereof, and 

(C) any other procedures by 
which the public may 
participate in the formulation 
of the fmal determinations. 

(b) Any person, upon request, 
will be furnished, without charge, 
one copy of any fact sheet. Any 
person may also request and receive 
all fact sheets as they arc published 
by the department. I'ersons 

requesting all fact sheets shall be 
included in a special fact sheet 
mailing list. Requests for all fact 
sheets shaU be renewed by July 1 of 
each year or the name of the person 
making the request shall be dropped 
from the fact sheet mailing list. 
Appropriate notice shall be given by 
the director prior to dropping 
persons from the fact sheet mailing 
list. 



Statutory Authority G.S. 143-21 5.1 
(c) (2) (i); 143-2153 (a) (I). 

.0109 PUBLIC NOTICE 

(a) Notice of Application 

(1) Public notice of each 
complete NPDES permit 
application shall be circulated m 
the geographical areas of the 
proposed discharge by the 
director at least 45 days prior to 
any proposed fmal action; 

(A) by posting a copy of tb& 
notice at tha courthou s e m 
the county ia which the 
prctreatment facility , outlet , 
point source of- dispo s al 
system Ues^ and 

(A) i^ by publishing the notice 
one time in a newspaper 
having general circulation in 
said county; and 

[B] (Q by mailing to aU 
persons or agencies Ustcd in 
Subdivision (c) of this 
Regulation. 

(2) ITie notice shall set forth at 
least the following: 

(A) name, address, phone 
number of agency issuing the 
pubhc notice; 

(B) name and address of each 
applicant; 

(C) brief description of each 
applicant's activities or 
operations which result in the 
discharge described in the 
NPDES application; 

(D) name of waterway to 
which each discharge is made 
and a short description of the 
location of each discharge on 
the waterway indicating 
whether such dischiirge is a 
new or ;m existing discharge; 

(1 ) a statement of the 

tentative detennination to 
issue or deny an NPUIiS 
permit for the discharge 
described in the NPDES 
application; 

(F) a brief description of the 
procedures for the 

formulation of fmal 

determinations, including a 
30-day comment period and 
any other means by which 
interested persons may 
influence or comment upon 
the determinations; and 



\ORTH CAROUSA RlidlSIER 



45 



PROPOSED RULES 



(G) address and phone number 
of state agency premises at 
which interested persons may 
obtain further information, 
request a copy of the draft 
permit, request a copy of the 
fact sheet and inspect and 
copy NPDES application 
forms and related documents. 
Copies of the fact sheet shall 
be made available free upon 
request. Copies of the 

information on file, other 
than fact sheets, will be made 
available upon request and 
payment of the cost of 
reproduction. 

(3) Public notice of NPDES 
applications for discharges from 
single family dwellings of 1,000 
gallons per day or less shall not 
be required. 

(4) Public notice for those 
activities co\cred by general 
permits shall not be required. 

(b) Notice of Hearing Public 
Meeting 

(1) Notice of public hearing 
meeting on any NPDES permit 
apphcation shaU be circulated in 
the geographical areas of the 
proposed discharge by the 
director at least 30 days prior to 
the date of the hearing meeting: 
(A) txv posting a copy of the 

notice at the^ courthou s e in 
th« county in which the 
prctrcatmcnt facility , outlet , 
point source , oi- disposal 
system lia»^ 

(A) (^ by pubhshing the 
notice one time in a 
newspaper having general 
circulation in said county; 

(B) (C) by maihng to all 
persons and gosemmcnt 
agencies which received a 
copy of the notice or the fact 
sheet for - the NPDES 
application; and 

(C) {D^ by mailing to an\' 
person or group upon 
request. 

(2) The contents of public notice 
of any hearing meeting shall 
include at least the tollowmg: 
(A) name, address, and phone 

number of agency holding the 
public hearing meeliii;-: ; 
(B| name and address of each 



applicant whose application 
will be considered at the 
hearing meeting ; 

(C) name of waterway to 
which each discharge is made 
and a short description of the 
location of each discharge on 
the waterway; 

(D) a brief reference to the 
public notice issued for each 
NPDES application including 
identification number and 
date of issuance; 

(E) information regarding the 
time and location for the 
hearing meeting ; 

(F) the purpose of the hearing 
meeting ; 

(G) a concise statement of the 
issues raised by the persons 
requesting the hearing 
meeting ; 

(H) address and phone number 

of premises at which 

interested persons may obtain 

further information, request a 

copy of each draft NPDES 

permit, request a copy of 

each fact sheet, and inspect 

and copy NPDES forms and 

related documents; and 

(I) a brief description of the 

nature of the hearing , meeting 

including the rules and 

procedures to be followed; 

The notice shall also state 

that additional information is 

on file with the Division of 

Environmental Management, 

Department of Natural 

Resources and Community 

Development at the Archdale 

Building at 512 North 

Salisbury Street, Raleigh, 

North Carolina, and may be 

inspected at any time during 

normal working hours. 

Copies of the information on 

file wiU be made available 

upon request and payment of 

cost of reproduction. 

(c) Mailing Lists. Any person 

may request to receive copies of all 

notices required under this Rule and 

the director shall mail such notice to 

any such person. I'he director shaU 

also dve notice to the foUowint: for 

NI'DhS permits : 

(1) State water pollution control 



46 



XORTH CAROLINA REGISTER 



PROPOSED RULES 



agency for the states of Virginia, 
South Carolina, Tennessee, and 
Georgia; 

(2) Appropriate district engineer, 
U.S. Army Corps of Engineers; 

(3) Lxad agency responsible for 
preparation of plan pursuant to 
Section 208(b) of the Federal 
Water Pollution Control AeX. 
Clean Water Act in approved 
208 areas; 

(4) State agency responsible for 
the preparation of plans 
pursuant to Section 303(e) of 
the Federal Water Pollution 
Control Aet Clean Water Act ; 

(5) North Carolina Department 
of Human Resources, Division 
of Health Services, and 
appropriate local health agency; 

(6) Any other federal, state or 
local agency upon request ; and 

(7) The local governmental umt 
or umts having jurisdiction over 
specific residential projects as 
specified in N.C.G.S. 
143-215.1(dl). 

(^ \ '^Y\iQ appli cant shall pa\' to 
tha Division of Environmental 
Management tb& eo^ ef advertising 
the public notice of- notices required 
b^ Subdivisions {^ and (b^ ef \hi^ 
Regulation . Permits s hall be 

withheld until s uch cost s have been 

Statutory Authority G.S. 143-215.1 
(a) (I); 143-215.1 (c); 143-215.4 
(a); 143-215.4 (c). 

.0110 RESPO.NSE TO PUBLIC .NOTICE 

(a) Any person who desires a 
public hearing meeting on any 
NPDES permit application shall so 
request in writing to the director 
within 30 days following the 
publication date of the notice of 
application. The director shall 
consider all such requests for hearing 
meeting and, if he determines there 
is a significant public interest 
pertaining to water quality impacts 
or uses of the waters , shall issue 



public notice ol hearing meeting. 
(b) All comments received witliin 
30 days following the publication 
date of the notice of NI'DES permit 
application shall be made part of the 
application fde and shall be 



considered by the director prior to 
taking fmal action on the 
application. 

Statutory Authority G.S. 143-215.1 
(c) (3); 143-215.3 (a) (1); 
143-215.3 (a) (3); 143-215.3 (a) 

(4). 

.01 1 1 MEETINGS A.ND HEARINGS 

(a) Public Hearings Meetings. 

The director shall provide an 
opportunity for the applicant, any 
affected state, any affected interstate 
agency, the regional administrator, 
or any interested agency, person, or 
group of persons to request or 
petition for a public hearing meeting 
with respect to NPDES permit 
applications. Any such request or 
petition for public hearing meeting 
shall be fded within 30 days of the 
date of notice and shall indicate the 
interest of the party filing such 
request and the reasons why a 
hearing meeting is warranted. The 
director shall hold a hearing meeting 
if there is a significant public interest 
(including the filing of requests of 
petitions for such hearing meeting ) 
in holding such a hearing meetmg. 
Instances of doubt shall be resolved 
in fa\or of holding the hearing 
meeting. Any hearing meeting 

brouglit pursuant to this Subsection 
shall be held in the geographical area 
of the proposed discharge or other 
appropriate area, in the discretion of 
the director, and may, as 
appropriate, consider related groups 
of permit applications. 

(b) Adjudicatory Hearings. An 
applicant whose permit is denied, or 
is granted subject to conditions he 
deems unacceptable, shall have the 
right to an adjudicatory heariuag 
before a hearing officer designated by 
the director upon making written 
demand, identifying the specific 
issues to be contended, to the 
director within 30 days following 
notice of fmal decision to deny or 
grant the pennit. Unless such 
demani.1 is made, the decision on the 
ajiplication shall be final and 
binding. 

(c) .Appeal Hearings. Any 
decision of a hearing ollicer k)r 
pennit N processed by the Division o| 
Environmental Management made 



NORTH CAROLINA REGISTER 



47 



PROPOSED RULES 



as a result of an adjudicaton hearing 
held under Subdivision (b) of this 
Regulation may be appealed by any 
party, to the committee upon filing a 
written demand within 10 days of 
receipt of notice of the decision. 
Hearings held under this Subdivision 
shall be conducted in accordance 
with N.C.G.S. 143-215.5. 

Statutory Authority G.S. 143-215. 1 
(c) (1): 143-215. 1 (ej; 143-215.3 
(a) (I): 143-215.3 (a) (3): 
143-215.3 (a) (4); 143-215.5. 

.(1112 I INAI ACTION ON I'IKMII 
AI'PIK AllONS 

(a) riie director shall take lina] 
action on all applications not later 
than 60 days following notice of 
application or, if a public hearing is 
held, within 90 days following the 
closing of the record of the hearing 
or in the case of a prelreatmcnt 
permit 90 days after the receipt of a 
complete appUcation. 

(b) The director is authon/ed to: 

(1) issue a permit containing 
such conditions as are necessaPi' 
to effectuate the purposes of 
G.S. 143-215.1: 

(2) issue a permit containing 
time schedules for achie%mg 
compliance with applicable 
effluent standards and 
limitations, water quality 
standards and other legally 
applicable requirements; 

(3) modif>' or revoke an\ permit 
upon giving 60 days notice to 
the person affected pursuant to 
Regulation .0114(a) of this 
Section; 

(4) suspend a permit pursuant 

to Regulation .0114(a) of this 
Section; 

(5) deny a permit application: 

(A) where necessary to 
effectuate the purposes of 
O^ 1 4 3 - 215 . 1 , .Article 2I_ 
Chapter 143, 

(B) for a discharge proliibited 
by G.S. 143-2 14.2(a), 

(C) where the Secretary of the 
Anny finds the discharge 
would substantially imp;ur 
anchorage and navigation. 

(D) for a discharge to which 
the regional administrator of 
1:PA has objected as provided 
in Section 402(d) of the 



lt;dcral Water Pollution 
('ontrol Au. Amendment s oi 
Xmi ^IL 32 500^ Clean 
Water Act as amended , 
(E) for any point discharge 
which conflicts with a plan 
approved pursuant to Section 
208(b) of the 4522 FWPCA 
Amendment s Clean Water 
Act as amended. 

(c) ITie permit applicant has the 
burden of providing sufficient 
evidence to reasonably ensure that 
the proposed system will comply 
with all applicable water quality 
standards and requirements. No 
permit may be issued when the 
imposition of conditions cannot 
reasonably ensure compliance with 
applicable water quality standards 
and regulations of all effected states. 

(d) The director shall submit 

to the commission at its regular 
meetings a report which contains the 
action taken bv the division with 
respect to any permit apphcation 
since the last commission meeting. 

(e) Permits shall be issued 

or renewed for a period of time 
deemed reasonable by the director 
but except in no case shall the 
permits be issued for a period to 
exceed five years. 

Statutory Authority G.S. 143-214.2 
(a): 143-215; 143-215-1 (b); 
143-215.1 (c) (4): 143-215.1 (c) 
(5); 143-215.2 (a): 143-215.3 (a) 
il); 143-215.3 (a) (3 J; 143-215.3 
ia) (4). 

.0113 NOTIFICATION OF 
APPLICANTS 

TTie director shall notify an 
applicant bv certified of- regi s tered 
mail of the fmal decision of hi* the 
applicant's permit application. 
Notifications of denial shall be made 
by certified mail and shall specify the 
reasons therefor and the proposed 
changes which in the opinion of the 
director wiQ be required to obtain 
the permit. 

Staiuion- Authority G.S. 143-215. 1 
(a): 143-215.3 (aj (1); 143-215.3 
(a) (4). 

.0114 MODIFICATION AND 

REVOCATION OF PERMITS 

(a) Any permit issued pursuant to 



48 



SORTH CAROLISA REGISTER 



PROPOSED RULES 



this Regulation is subject to 
revocation ■, s uspen s ion or 
modification in whole or part for 
good cause including but not limited 
to: 

(1) violation of any terms or 
conditions of the permit; 

(2) obtaining a permit by 
misrepresentation or failure to 
disclose fully all relevant facts; 

(3) a change in any condition 
that requires cither a temporary 
or permanent reduction or 
limitation of the permitted 
discharge; and 

(4) refusal of the permittee to 
permit the director or his 
authorized representative upon 
presentation of credentials: 

(A) to enter upon permittee's 
premises in which an effluent 
source is located or in which 
any records are required to be 
kept under terms and 
conditions of the permit, 

(B) to have access to any copy 
and records required to be 
kept under terms and 
conditions of the permit, 

(C) to inspect any monitoring 
equipment or method 
required in the permit, or 

(D) to sample any discharge of 
pollutants. 

(b) Modifications of permits shall 
be subject to the same procedural 
requirements as the issuance of 
permits except as follows. The 
director may remove this exemption 



on a case by case basis. 

(1) modifications of the 
monitoring program contained 
in the permit, 

(2) name changes or changes in 
the ownership o? the discharge 
when no other change in the 
permit is indicated, 

(3) a single modification of any 
compliance schedule not in 
excess of four months, 

(4) modification of compliance 
schedules (construction 
schedules) in pennits for new 
sources wlieie the new source 
will not begin to discharge until 
control facilities are operational, 

(5) modifications to include 

or amend pretreatment program 
requirements. 
(c) A request for a modification 



or revocation by the permittee shall 
constitute a waiver of the 60 day 
public notice required by G.S. 
143-215. 1(b) for modifications or 
revocations. 

Statutory Authority G.S. 143-215. 1 
(b) (3); I43-2J5.3 (a) (J J. 

.0115 PUBLIC ACCESS 

(a) All records, reports and 
information required to be submitted 
to the commission or the director; 
any public comment on these 
records, reports or information; and 
the draft and fmal permits shall be 
disclosed to the public unless the 
person submitting the information 
can show that such information, if 
made public, would disclose 
methods or processes entitled to 
protection as trade secrets. 

(b) The director is authorized 

to determine information which is 
entitled to confidential treatment. In 
the event the director determines 
that such information (other than 
eflluent data) is entitled to 
confidential treatment, he shall take 
steps to protect such information 
from disclosure. He shall submit the 
infomiation considered to be 
confidential to the Regional 
Administrator, EPA, Region IV, for 
concuiTence in his determination of 
confidentiality. 

(c) The director shall: 

( 1) provide facilities for the 
inspection of information 
relating to NPDES permit 
applications and permits, 

(2) insure that division 
employee s the staff handle 
request for such inspections 
promptly, 

(3) insure that copying machines 
or devices are available for a 
reasonable fee. 

Statutory Authority G. S. 132-6; 
143-215.3 (a) (I); 143-215.3 (a) 
(2); 143-215.3 (a) (4): 143-215.65. 

.in 17 IN\ I sri<;AII()\.S: 
MOMIOKIM;: AM) 
Kl I'OKIINC 

(a) I Emp l oyee s Staff of the 
Department of Natural Resources 
and Community Development are 
authorized to conduct any 
investigations as provided in G.S. 



\ORTH CAROLINA REGISTER 



49 



PROPOSED RULES 



143-2 15.3(a)(2), (7), and (9) for the 
puq)osc of dctc-rminLng compliance 
with water quality standards, effluent 
limitations, permit conditions and 
any duly adopted regulation of the 
commission. 

(b) Any person subject to the 
provisions of G.S. 143-215.1 shall 
comply with the monitoring and 
reporting requirements of regulations 
in Section 15 NCAC 2B .0500. 
Thi s Regulation t .:ontains the 
requirements (ot monitoring smd 
rcportmg ik^ quantity iwiJ quality oi 
wa s te di s charges t» and llicLr elTcct s 
up>on tbc water resources oi the 
s tate . U ak» contain s the. required 
Ui^X^ and mcasurcmcnt Si Ihe- location 
si s ampling point s , and ihe- 
frequency id the monitoring and 
reporting U^ the following major 
s tandard industrial group s: 



S IC 
NUMBER 

0200.02qq 



1400-1499 
2000-2099 

2 100 - 2199 

2200-2299 
2400-2499 



2 500 - 2599 

2600 -2 699 
2S00-2S99 
2900-2990 

3100 - 3199 
3 .1 00 . 3 . 199 



3500-3599 
3600-369',) 



M.4JQR 
PRQDLCTS 
QR SERVICES 

Agricultural 

Production 

Li\ estock 

j^ ii ninu 

1 ood and Bcscrage 

Proce s sing 

Tobacco 

Proce ss ing 

Textile Processing 

Lumber &. Wood 

Products Except 

Eumiturc 

Manufacturing »t 

Eumiturc and 

I'ixturcs 

Paper & Allied 

Products 

Chemical &, ■ ■ Vllict l 

Product s 

I'etroleum Rcfmmg 

& Related 

Industrie s 

Leather &, Leather 

Product s 

Eabricatcd Metal 

Product s Except 

Ordinance , 

Macliincr) &, 

1 ransportation 

Equipment 

^ ' lachine^ l Except 

Electrical 

l. lectrical 

Mach i ncp , , 



4 600 -4 699 

4900-4999 

7200-7299 
7300-7399 

7500-S599 



9999 



Equipment and 
Supplie s 
Pipeline 
Tran s port a tion 
Electric , Ga s, & 
Sanitary Scr^fic cs 
Personal Service s 
Mi s cellaneou s 
Bu s in ess Servdcc 
Automobile 
Repairing Servdcc s 
Sir Garage 
Domestic Sewag e 



Statutory Authority G.S. J 43-2/ 5. J 

(b) (I), 143-215.3 (a) (1); 
143-215.3 (a) (2); 143-215.3 (a) 
(4); 143-215.3 (a) (7); 143-215.3 
(a) (9); 143-215.63. 

.0118 EFFLLtNT LIMITATIONS AND 
STANDARDS 

Any state NPDES permit or state 
permit for a pretrcatment facility wiU 
contain effluent limitations and 
standards required by EMC 
Regulation Adopting Effluent 
Limitations and Guidelines iof 
Wa s tewater Discharges U» Surface 
Water s of North Carolina adopted 
©n March 20, 43X5 ^5 NCAC 2B 
.0400 and the Clean Water Act as 
amended, by the commission or as 
may be future amended by the 
commission. That regulation 

contains the effluent standards and 
limitations for ensuring compliance 
with Sections 301, 302, 306, and 307 
of the Ecderal Water Pollution 
Control Clean Water Act. For 
efQuent limited stream segments, the 
regulation adopts by reference federal 
effluent limitations and guidelines as 
state effluent limitations and 
guidelines. Eor water quality limited 
s treat stream segments, the 
regulations provide that effluent 
limitations be calculated by the staff 
and approved by the director, to 
comply with Section 301(b)(1)(C) of 
the federal act. 

Statutory Authority G.S. 143-213.23; 
143-214 (c): 143-215; 143-215.1 (b) 
(1); 143-2/5 3 (a) (1). 

.0122 CONCENTRATED ANIMAL 
I EEDING OPERATIONS 

Part 122.23 of Title 40 of the Code 
of L'cderal Regulations, as revised a<i 
Apnl 1, 1983, entitled "Concentrated 



50 



SORTH CAROLISA REGISTER 



PROPOSED RULES 



Animal 1 'ceding Operations", is 
hereby adopted as part of the 
Regulations of this Section. 

Statutory Authority G.S. 142-213 
(24); 143-215; 143-215.1; 143-215.3 
(a) (I). 

.0123 REQUIREMENTS: EVALLATLNG 
FEEDLOT PERMIT 
APPLICATIONS 

(a) Guidelines. Upon identifying 
any concentrated animal feeding 
operation or animal feeding 
operation that the staff has reason to 
believe should or could be regulated 
under this permit program, the staff 
shall conduct an on-site inspection 
of such operation, and shall make 
the following determinations as a 
result thereof: 

(1) For a concentrated animal 
feeding operation as described in 
40 CFR 122.23(b)(3) and 
Paragraph (a) of Appendix B of 
those regulations , does a 
discharge of pollutants occur to 
the surface waters of the state 
by any means, as a result of any 
other than a 35 \'car . 24 hou r 
rainfall event 2 less severe than 
a 25-year, 24 hour event. 

(2) For a concentrated animal 
feeding operation as described in 
40 CFR 122.23(b)(3) and 
Paragraph (b) of Appendix B of 
those regulations ; 

(A) Docs a pollutant discharge 
occur to the surface waters of 
the state through a man-made 
ditch, flushing system, or 
similar man-made device; or 

(B) Does a pollutant discharge 
occur to the surface waters of 
the state which originate 
outside of and pass over, 
across, through, or otherwise 
come in contact with animals 
confmed in the operation, as 
a result of any other th^a a 
25 year , 24 hour rainfall event 
1 less severe than a 25-year, 
24 hour event. 

(3) Case-by-Case Determination 
(A) For an animal feeding 

operation not otherwise 

falling witliin the defmition 

provided in 40 CFR 

122.23(b)(3): 

(i) Does a pollutant 



discharge occur to the 
state's surface waters 
through a man-made ditch, 
flushing system, or similar 
man-made device; or 
(ii) Does a pollutant 
discharge occur to the 
state's surface waters which 
originate outside of and 
pass over, across, through, 
or otherwise come into 
direct contact with animals 
confmed in the operation 
as a result of any other 
t ha n A 25 \'ca r, 24 hour 
rainfall event 2 less severe 
than a 25-ycar, 24 hour 
event. 
(B) If the staff determines that 
a discharge occurs under 
either (3)(A) (i) or (3)(A) (ii) 
of this Paragraph, then such 
an animal feeding operation 
may be designated by the 
Director, Division of 

Environmental Management, 
as a concentrated animal 
feeding operation. In making 
such designation, the director 
shall consider the following 
factors: 
(i) The size of the animal 
feeding operations; the 
amount of waste therefrom 
reaching the state's surface 
waters; 
(ii) The operation's location 
relative to the surface 
waters of the state; 
(iii) The means of 

conveyance of animal 
wastus or process waste 
waters into the surface 
waters of the state; 
(iv) The degree of slope, 
nature of vegetation, extent 
of rainfall, and other factors 
relative to the likelihood or 
frequency of discharge of 
animal wastes and process 
waste waters into the state's 
surface waters; 
(v) Other factors relative 
to the significance of the 
pollution problem sought 
to be regulated; 
(vi) Does a discharge of 
pollutants occur which 
results in a violation of 
water quality standards, as 



\ORTH CAR0U\.4 REGISTER 



51 



PROrOSED RULES 



a result of any other than a 
2^ year , 24 hour storm 
rainfall event 2 less severe 
than a 25-year, 24 hour 
event. 



(b) Notice to Apply for Permit. 

If the field determination verifies that 
a discharge from an animal fcedmg 
operation or concentrated animal 
feeding operation occurs under any 
of the conditions listed in Paragraph 
(a)(1) to (3) of this Rule, the 
director shall give written notice to 
the owner or operator of the 
concentrated animal feeding 

operation, that he must submit an 
application for a pennit. I he notice 
shall specify that if the owner or 
operator can permanently eliminate 
a discharge of pollutants to the 
surface waters of the state, by such 
minor changes as can be affected 
within 60 days of the receipt of 
notice to submit a pennit 
application (such as, but not limited 
to, diversion of outside drainage 
from pen areas, modifications to 
lagoons, closing off drainage ditches) 
a permit application will not be 
required. If modifications necessary 
to chminatc permanently discharges 
of pollutants to surface waters of the 
state cannot or are not completed 
within 60 days of receipt of notice, a 
permit appUcation must be 
submitted. 

(c) Permit AppUcations. Pennit 
applications as required by 40 CFR 
122. 2,i(;4 IL will be available in 
county exten s ion «md the Division of 
F-nvironmcntal Management regional 
engineers' environmental operations 
s ection offices. On determination 
that an application should be 
submitted, the applicant should shall 
forward a completed application 
with supportinu inlormation required 
by Rules .0105 to .0109 of this 
Section. Apphcations with 
supporting documentation mz to be 
mailed to the Director, Division of 
Environmental Management, P.O. 
Box 27687, Raleigh, North CaroUna 
27611. On receipt of the 
application, the regional engineer, 
accompamcd b^ » repre s entative of 
the U . S . or N . C . Depart mcnt,v of 
Agriculture , a representati\'e of the 
Division ot^ finvmmmental 
Manauemcnt wiU conduct an 



inspection to determine whether a 
permit is required. If a permit is 
required, the application will be 
processed. If not, it wUl be returned 
without action. Those concentrated 
animal operations that can alleviate 
the requirement to have a permit 
through minor modifications to 
facilities will be given 60 days to 
make such modifications prior to 
processing the permit application. 
On completion of required 
modifications to facilities, the permit 
application will be returned with 
written confirmation that the 
concentrated animal operation is in 
compliance with these Regulations. 

(d) Methodology for Establishing 

a Potential for a Discharge Other 
Ihan the 24 Hour , 2^ ¥««» Rainfall 
Event as a Result of Any Rainfall 
Event Less Severe Than a 25-year, 
24 Hour Event. The staff site 
evaluation shall include soil 
characteristics of the feedlot and of 
the land area lying between the 
feedlot and the receiving stream; 
slope and other topographic 
characteristics of the feedlot and the 
area between the feedlot, and the 
receiving stream; and the total 
drainage area. Using the results of 
the site evaluation, the staff shall use 
either the "rational method for 
determination of runofP' or the 
"SCS method for determination of 
runoff' to establish whether a 
discharge occurs at rainfall events of 
less than the 24-hour, 25-year 
rainfall. 

(e) Impact Evaluation. Utilizing 
the results of the site evaluation and 
the runoff evaluation required in 
Paragraph (d) of this Rule, the staff 
shall through mathematical modeling 
determine whether pollutants 
discharged as a result of rainfall 
runoff will cause a violation of water 
quality standards at flows in 
existence during the runoff period. 

(f) Final Determination and Fact 
Sheet. Upon a fmal determination 
that a permit is required, the staff 
shall prepare a fact sheet which 
delineates the reasons which have 
been established for requiring the 
permit, the corrective actions if any 
necessary to control the discharge of 
pollutants, and an implementation 
schedule for completing such 



52 



SORTH CAROLIi\A REGISTER 



PROPOSED RULES 



actions. If no corrective actions arc 
required, the fact sheet shall 
specifically state that none are 
required and provide the justification 
for not requiring corrective actions. 
Upon completion of the fact sheet, 
the staff shall prepare an NPDES 
draft permit containing a description 
of needed corrective actions and a 
schedule for implementation and 
process the permit in accordance 
with Rule .0108 of this Section. 

Statutory Authority G.S. 143-213 
(24); 143-215: 143-215.1; 143-215.3 
(a) (1) (4). 

.0124 RELIABILITY 

All facilities discharging t» 

waters assigned B &f. SB 

classification shall provide adequate 

reliability measures , disinfection, and 

adequate s tandby systems which, in 

the opinion of the director, wlU 

insure continued treatment and 

disinfection where the interruption ot 

such treatment would render the 

waters unsafe for primar)' recreation 

usage . their best intended uses. 

These requirements shall aka apply 

ta facilities discharging upstream oi 

B Of- SB- waters , if an interruption m 

disinfection would render tbe water s 

iA the B or SB segment unsafe foi: 

primar)f recreation usage. The 

rehablUty measures shal l include the 

following: 

(1) For facihties with a design 

capacity of 10.000 gpd or greater 

parallel treatment units, capable 

of handling the design flow even 

with the loss of one unit, except 

that treatment systems based 



solely 



on gra\'ity flow, ani 



treating intermittent waste flows 
with adequate storage to prevent 
discharges during maintenance do 
not require paraUcl units; and 
(2) at least one of the 
foUowmg: 

(a) dual or standby power 
supply, or 

(b) approval by the director 
that the facility: 

(i) serves a private water 
distribution system which has 
automatic shut-ofT at power 
failure and no elevated water 
storage tanks, and 
(ii) has sufficient storage 



capacity that no potential for 
overflow exists, and 
(iii) can tolerate septic 

wastewater due to prolonged 
detention, or 
(iv) would have de minimus 
impacts as a result of power 
Failure, 
(c) other measures which provide 
comparable assurances that 
surface waters wiU not be 
impacted during power failures; 
(3) comphance with other 

reliability measures that, in the 
opinion o? the director, are 
necessary in a particular case. 

Statutory Authority G.S. 143-214.1; 
143-215.1 (b); 143-215.3 (a) (1). 

.0127 GENERAL PERMITS 

(a) To the extent adopted by the 
commission and approved by EPA, 
the director is authorized to issue 
general permits for certain 
specifically defmed classes of 
dischargers: 

(1) once-through non-contact 
cooling waters with no biocidal 
additives; 

(2) mine dewatering facilities; 

(3) water filtration facilities; 

(4) swimming pool fdtcr 
backwash facilities; 

(5) seafood packing facilities; 

(6) oil terminal storage 
facilities discharging to water 
supply (WS III) waters; 

(7) oil terminal storage 
facilities discharging to waters 
other than those classified as 
water supply waters; 

(8) sand dredges; 

(9) trout farms; 

(10) aquifer restoration. 

(b) (jcneral permits wiU only 

be issued into waters classified either 
WS or SA following review and 
written approval by the Division of 
Health Services, Department of 
Human Resources. 

(c) General permits will only be 
issued where the apphcant certifies 
that best management practices have 
been installed. Those general 
permits apply statewide except where 
restrictions based on the 
classification of receiving waters are 
stated. 

(d) These general permits apply 



yORTH CAROL!. \A REGISTER 



53 



PROPOSED RULES 



only to cooling water, and mine 
dcwatcring discharges with volumes 
of less than 10 MGD and to other 
discharges listed in this Rule v\ith 
volumes of less than 1 MCiH. 

(e) No provision in any general 
permit issues under tliis Rule shall 
be interpreted as allowing the 
permittee to violate state water 
qualit) standards or other applicable 
environmental standards. 

(f) For one of these general 
permits to apply to a facility, a 
Notice of Intent to be covered by 
the general permit must be given 
using short forms E through M 
descnbed in Rule .0105(a) of this 
Section and, as appropriate, 
following the application procedures 
specified in Rules .0105 and .0106 of 
this Article. If all requirements are 
met, a general permit may be issued. 
If all requirements are not met, a 
long form application and full 
application re\icvv procedure will be 
required. 

(g) General permits will be 
effective for a tenn of five years at 
the end of which the division may 
renew them. .Ml public notice 
requirements shall be satisfied i^rior 
to renewal of general pennits. 
Facilities covered by general permits 
need not submit new Notices of 
Intent or renewal requests unless so 
directed by the division. If the 
division chooses not to renew a 
general permit, all facilities covered 
under that general permit shall be 
notified to submit applications for 
individual permits. 

(h) AH previous state water 
quality permits issued to a facility 
which can be covered by a general 
permit, whether for construction or 
operation, are revoked by approval 
of the Notice of Intent to be co\ered 
by a general permit. 

(i) Anyone engaged in activities 
covered by the general permit 
regulations but not pennitted in 
accordance with this Section will be 
considered in violation in G.S. 
143-215.1. 

(j) If a facility has multiple 
discharges, not all of which can be 
co\ered by one or more general 
permits, it is not eligible for any 
general pennit, and all discharges 



must be approved under a single 
individual pennit. 

(k) Any applicant may choose to 
pursue an individual permit for any 
facility co\ered by this Rule. 

Statutory Authority G.S. 143-21 5{ I); 
143-215(3). 

.0128 GtNERAL PtRMIT FOR 
COOLI.NG WATERS 

(a) Operators of once-through 
non-contact cooling water facilities 
with no chemical additives are 
authorized to discharge to all 
receiving waters except classified 
trout (Tr) waters in volumes less 
than 10 MGD and in accordance 
with discharge limitations, 
monitoring requirements, and other 
conditions set forth in this Rule. 
Boiler blowdown waters are included 
in this general permit. Nuclear and 
fossil fuel electric generating plants 
are excluded from this general 
permit. 

(b) No monitoring is required. 

(c) No chemical additives 
including biocides and chlorine shall 
be introduced into cooling waters 
permitted by tliis general permit. 
Use of any chemical additive will 
require the discharger to obtain an 
individual NPDES permit. 

(d) The discharge shall be such 

as not to cause an increase in the 
temperature of the receiving waters 
of more than 2.8 degrees C or to 
cause the ambient water temperature 
to exceed 32 degrees C in the coastal 
plain and eastern piedmont or 29 
degrees C mountains and western 
piedmont, with regions as defmed in 
Rule 2B .0202 of this Chapter. In 
the case of discharges to tidal salt 
waters, the discharge shall be such as 
not to cause an increase in the 
temperature of the receiving waters 
by more than .8 degrees C during 
the months of June, July and 
August, nor more than 2.2 degrees C 
during other months, and in no case 
cause the ambient water temperature 
to exceed 32 degrees C. 

Statutory Authority G.S. 143-215(1): 
143-215(3). 

.0129 GKNERAl. PERMIT FOR MINE 
UEWATERI.NG FACILITIES 

(a) Operators of mine dewatering 



54 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



facilities arc authorized to discharge 
to all receiving waters except 
classified trout (Tr) and water supply 
I (WS-I) waters in accordance with 
discharge limitations, monitoring 
requirements, and other conditions 
set forth in this Rule. 

(b) Monitoring of flow, 
settleable matter, turbidity, and pH 
is required monthly. 

(c) The following discharge 
limitations apply to discharges under 
this general permit: 

(1) Settleable matter: monthly 
average not to exceed 0.1 ml/1, 
daily maximum not to exceed 
0.2 ml/1; 

(2) Turbidity in the effluent 
shall not exceed 50 NTU. 

(3) TSS: monthly average not to 
exceed 30 mg/1, daily maximum 
not to exceed 45 mg/1; 

(4) pH: between 6.0 and 9.0 
standard units for freshwater or 
between 6.8 and 8.5 for salt 
waters. 

(d) The permittee shall utilize 
sound management practices to 
ensure that contaminates do not 
enter the surface waters as a result of 
blasting at this site. 

(e) Use of any additive chemical 
will require the discharger to obtain 
an individual NPDES permit. 

Statutory Authority G.S. 143-215(1); 
143-215(3). 

.0130 GENERAL PERMIT FOR WATER 
FILTRATION FACILITIES 

(a) Operators of water filtration 
facilities are authorized to discharge 
to all receiving waters in accordance 
with discharge limitations, 
monitoring requirements, and other 
conditions set forth in this Rule. 

(b) Monitoring of settleable 
matter, turbidity, total suspended 
solids, and pH is required monthly. 

(c) The following discharge 
limitations apply to discharges under 
this general penmit: 

(1) Settleable matter: monthly 
average not to exceed 0.1 ml/1, 
daily maximum not to exceed 
0.2 ml/l. 

(2) Turbidity in receiving water 
due to a discharge shall not 
exceed 50 NTU in streams or 
25 NTU in lakes or reservoirs; if 
turbidity exceeds these levels 



due to natural background 
conditions, the discharge level 
cannot cause any increase in 
turbidity in the receiving water. 

(3) TSS: monthly average not to 
exceed 30 mg/1, daily maximum 
not to exceed 45 mg/1. 

(4) pH: between 6.0 and 9.0 
standard units in freshwater or 
between 6.8 and 8.5 for salt 
waters. 

(d) The permittee shall operate 
the facility in a manner which will 
minimize the impact on receiving 
waters. 

Statutory Authority G.S. 143-215(1); 
143-215(3). 

.0131 GENERAL PERMIT FOR 

SWIMMING POOL FILTER 
BACKWASH FACILITIES 

(a) Operators of swimming pool 
fdter backwash facihties are 
authorized to discharge to all 
receiving waters except for classified 
Trout (Tr) waters in accordance with 
discharge limitations, monitoring 
requirements, and other conditions 
set forth in this Rule. 

(b) No monitoring is required. 

(c) The following discharge 
limitation applies to discharges under 
this general permit: pH between 6.0 
and 9.0 standard units in freshwater 
and 6.8 and 8.5 standard units in salt 
waters. 

(d) The permittee shall take steps 
to limit the discharge of chlorine by 
following manufacturers' 
recommendations on the use of 
products containing chlorine and by 
controlling the discharge. 

(c) Solids shall be disposed of in 
an approved manner. 

(f) The permittee shall take 
adequate precaution to ensure that 
nuisance conditions do not occur as 
a result of this discharge. 

Statutory Authority G.S. 143-215(1); 
143-215(3). 

.0132 GENERAL PERMIT FOR 
SEAFOOD PACKING 
FACILITIES 

(a) Operators of seafood packing 
facilities are authorized to discharge 
to all receiving waters in accordance 
with discharge limitations, 

monitoring requirements, and other 
conditions set forth in this Rule. 



NORTH CAROLINA REGISTER 



55 



PROPOSED RULES 



(b) No monitoring is required. 

(c) No process wastewater shall 

be discharged. Only vvashdown and 
rinse water may be discharged under 
this general permit. 

(d) The washdown and rinse water 
shall be screened prior to discharge. 

(e) There shall be no discharge 

of carcasses or offal to the surface 
water from this facility. 

(0 All solid waste shall 
be disposed of in an approved 
landfill. 

(g) Use of any additive chemical 
will require the discharger to obtain 
an individual NPDES permit. 

Statutory Authority G.S. 143-215(1); 
143-215(3). 

.0133 GENERAL PERMIT FOR OIL 
STORAGE FACILITIES 
DISCHARGING TO WS-III 
WATERS 

(a) Operators of oil storage 
facilities are authorized to discharge 
to water supply waters classified 
WS-III in accordance with disch;irge 
limitations, monitoring requirements, 
and other conditions set forth in this 
Rule. 

(b) Monitoring of oil and 

grease in effluent is required twice 
monthly. Monitoring of phenols in 
effluent and in receiving water is 
required twice monthly. 

(c) The following discharge 
limitations apply to discharges under 
this general permit: 

(1) Od and grease: monthly 
average not to exceed 30 mg/1, 
maximum not to exceed 60 
mg/1. 

(2) Phenols: average in 
discharge shall not cause 
instream concentration of 
phenols to be greater than 1.0 
ug/1. 

(d) The permittee shall maintain 

a list of all oils and toxic and 
hazardous substances used or stored 
at the facility, all potential sources of 
spill and leaks of these materials, a 
method for containment, a 
description of training, inspection 
and security procedures, and 
emergency response measures to be 
taken in the event of a discharge to 
surface waters. The list shall be 
mamtaincd at the plant site and shall 



be available for inspection by EPA 
or division persoimel. 

Statutory Authority G.S. 143-215(1); 
143-215(3). 

.0134 GENERAL PERMIT FOR OIL 
STORAGE FACILITIES 
DISCHARGING TO WATERS 
CLASSIFIED OTHER THAN 
WS-I, WS-II OR WS-III 

(a) Operators of oil storage 
facilities arc authorized to discharge 
to waters classified other than for 
water supply purpxjses in accordance 
with discharge limitations, 
monitoring requirements, and other 
conditions set forth in this Rule. 

(b) Monitoring is not required. 

(c) Oil and grease in discharges 
under this general permit shall not 
exceed a monthly average of 30 mg/1 
or a daily maximum of 60 mg/1. 

(d) The permittee shall maintain 

a list of all oils and toxic and 
hazardous substances used or stored 
at the facdity, all potential sources of 
spill and leaks of these materials, a 
method for containment, and 
emergency response measures to be 
taken in the event of a discharge to 
surface waters. The list shall be 
maintained at the plant site and shall 
be available for inspection by EPA 
or division personnel. 

Statutory Authority G.S. 143-215(1); 
143-215(3). 

.0135 GENERAL PER.MIT FOR SAND 
DREDGES 

(a) Operators of sand dredges are 
authorized to discharge to all 
receiving waters except classified 
trout (Tr) waters in accordance with 
discharge limitations, monitoring 
requirement, and other conditions 
set forth m this Rule. 

(b) .Monitoring is not required. 

(c) The following discharge 
limitations apply to discharges under 
this general permit: 

(1) Settleable matter: monthly 
average not to exceed O.I ml/1, 
daily maximum not to exceed 
0.2 mM; 

(2) Turbidity in receiving water 
due to a discharge shall not 
exceed 50 NTl' in streams or 
25 NTU in lakes or reser\'oirs; if 
turbidity exceed ^ these levels 
due to natural background 



56 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



conditions, the discharge level 
cannot cause any increase in 
turbidity in the receiving water. 

(3) TSS; monthly average not to 
exceed 30 mg/1, daily maximum 
not to exceed 45 mg/1; 

(4) pH: between 6.0 and 9.0 
standard units for freshwater or 
between 6.8 and 8.5 for salt 
waters. 

(d) Use of any additive chemical 
will require the discharger to obtain 
an individual NPDES permit. 

Statutory Authority G.S. 143-215(1): 
143-215(3). 

.0136 GENERAL PER.MIT FOR TROUT 
FAR. MS 

(a) Operators of trout farms are 
authorized to discharge in 
accordance with discharge 
limitations, monitoring requirements, 
and other conditions set forth in this 
Rule. 

(b) Monitoring is not required. 

(c) The following discharge 
limitations apply to discharges under 
this general permit; 

(1) Settleable matter; monthly 
average not to exceed 0.1 ml/l, 
daily maximum not to exceed 
0.2 ml/1; 

(2) TSS: monthly average not 

to exceed 30 mg/1; daily 
maximum not to exceed 45 
mg/1; 

(d) Raceways shall be cleaned 
regularly in such a way as to prevent 
violation of water quality standards. 

Statutory Authority G.S. 143-215(1); 
143-215(3). 

.0137 GENERAL PERMIT FOR 

AQUIFER RESTORATIONS 

(a) Operators of facilities for 

the recovery and treatment of 
contaminated groundwater are 
authorized to discharge, for a period 
not to exceed 180 days following 
issuance of the General Permit, to all 
receiving waters except WSI, WSII, 
WSIII and SA in accordance with 
the discharge limitations, monitoring 
requirements and other conditions 
set forth in this Rule. 

(b) The applicant must 
demonstrate by predictive 
calculations accepted modeling 
procedures, or other methods 



approved by the director that 
contravention of the applicable water 
quality standards will not occur as a 
result of this discharge. 

Furthermore, the applicant shall 
demonstrate by testing that there will 
be no acute toxicity in the 
wastestrcam and no aquatic chronic 
toxicity in the receiving stream. 

(c) Monitoring of effluent for 

the toxic, hazardous or deleterious 
substances, which are the subject of 
the site-specified aquifer restoration, 
is required on a monthly frequency 
unless otherwise specified in the 
General Permit. 

(d) General permits for aquifer 
restoration will only be issued in 
cases where it has been 
demonstrated to the satisfaction of 
the director that the threat to human 
health and safety or to the aquatic 
environment are too great to allow 
for the normal processing time of an 
NPDHS Permit. If the applicant or 
the division determines that the 
restoration cannot be completed 
within 180 days, the applicant must 
file for a standard NPDHS Permit at 
the same time that the application is 
filed for the general pennit. 

(e) ("ontaminated soils shall be 
disposed of at an approved solid or 
hazardous waste disposal facility. 

Statutory Authority G.S. 143-215(1); 
143-2/5(3). 

.0138 SUBMISSION OF PLANS AND 
SPECIFICATIONS 

(a) Required. After a permit has 
been issued by the Division of 
L^nvironmental Management in 
accordance with this Section, 
construction of wastewater treatment 
facilities or additions thereto shall 
not begin until fmal plans and 
specifications have been submitted 
to and written approval has been 
issued to the permittee by the 
Division of Environmental 
.Management. 

(b) Application. 

(1) Application for approval of 
plans and specifications must be 
made in triplicate on official 
forms completely fdled out, 
where applicable, and fully 
executed. The signature of the 
consulting engineer or other 
agt'iit will be accepted on the 



\ORTH CAROLINA REGISTER 



57 



PROPOSED RULES 



application only if accompanied 
by a letter of authorization. 

(2) Required sets of plans and 
specifications: 

(i) regular projects -- three 
sets of detailed plans and 
specifications, 
(ii) federal and state grants 
projects -- four sets of 
detailed plans and 

specifications plus federal 
assurances required by 
appropriate federal agency; 
toxicity in the receiving 
stream. 

(3) Specifications describing 

all materials to be used, 
methods of construction and 
means for assuring the quality 
and integrity of the finished 
project. 

(4) When required, a 
statement submitted that the 
wastewater treatment facility 
involved will be properly 
disconnected and the wastewater 
discharged into an adequate 
district or municipal system 
when it becomes available. 

(5) If more than one contiguous 
acre of land is to be uncovered 
by a project, documentation 
should be supplied verifymg 
that the applicant has 
completed an erosion control 
plan. 

(6) A 110 volt power source 

and a potable water supply 
must be available at the 
treatment system to allow for 
maintenance, clean-up and 
sampling. In cases where this is 
not reasonable or economically 
achievable, an exception may be 
granted by the Water Quality 
Section Chief. 

(7) For those wastewater disposal 
facilities which have the 
potential to cause a 
contravention of groundwater 
standards, hydrogeologic 
information must be provided 
as specified in Rule 2H .0205 of 
this Subchapter. 

Stalulory Authority G.S. 

l43-2l5.l(c)(l). 

.0139 MI.M.MLM DLSIG.N 
RtQLlRKMENTS 

/Ul facilities requiring a permit 



pursuant to this Section shall be 
designed following good engineering 
practice and comply with the 
minimum design requirements 
specified in Rule 2H .0206 of this 
Subchapter. The plans and 

specifications must be stamped and 
sealed by a Professional Engineer 
licensed in North Carolina unless all 
three of the following conditions are 
met: 

( 1 ) the plans and specifications 

are for domestic waste from a 
single family dwelling with flows 
of 1000 gallons per day or less, 
and 

(2) the plans and specifications 

are prepared by the homeowner, 
and contain complete 

information needed to evaluate 
the proposed facility, and 

(3) the eflluent limitations are 
for secondarv treatment. 



Statutory Authority 

143-215. 1(c)(1). 



G.S. 



.0140 CERTIFICATION OF 
COMPLETION 

Prior to operation of any 
treatment works or disposal system 
permitted in accordance with this 
Section, a certification must be 
received from a professional engineer 
certifying that the treatment works 
or disposal system has been installed 
in accordance with the approved 
plans and specifications. In cases 
where the treatment works or 
disposal system was designed by a 
homeowner rather than a 
professional engineer, either the 
pcnnittee or a professional engineer 
must submit this certification. 



Statutory' Authority 

143-215. 1(c)(1). 



G.S. 



.0141 OPERATIONAL AGREEMENTS 

Prior to issuance or reissuance 
of a permit pursuant to this Section 
for a wastewater facility as specified 
in G.S. 143-215. l(dl), the applicant 
must either provide evidence to 
show that the applicant has been 
designated as a public utility by the 
State Utilities Commission or enter 
into a properly executed operational 
agreement with the Division of 
Environmental Management. The 
requirement for assurance of 



58 



NORTH CAROLIXA REGISTER 



PROPOSED RULES 



financial solvency will be made on a 
case by case determination. 



Statutory A uthority 

143-215.1 (dl). 



G.S. 



SECTION .0200 - WASTE NOT 
DISCHARGED TO SURFACE WATERS 

.0201 PURPOSE 

These regulations implement 
G^ 1 4 3 - 215 . 1(d) bjr setting set forth 
the requirements and procedures for 
application and issuance of permits 
for sewer systems, sewer system 
extensions, disposal systems and 
treatment works , and sludge 
disposal systems whicTi do not 
discharge to surface waters of the 
state. 'iivi^ regulations of thk 

Section wiU apply to^ aU permit 
appUcations and renewals received 
ea OF i^i^ Fcbruar} , f 4-t 1976 . 



Statutory Authority G.S. 
143-2/5.3 (a) (I). 



143-215.1; 



.0202 SCOPE 

These regulations apply to all 
persons proposing to construct, alter, 
»f extend , or operate any sewer 
system, treatment works or disposal 
system which does not discharge to 
surface waters of the state , »f 
operating &f. proposing ta operate 
aay s ewer system , treatment works , 
or disposal system whieh does not. 
discharge Xo- s urface waters of tbc 
s tate . , including systems wliich 
discharge waste onto or below land 
surface. However, these regulations 
do not apply to sanitary sewage 
systems which are regulated by the 
Department of Human Resources. 

Statutory Authority G.S. I30A-335: 
143-215.1; 143-215.3 (a) (1). 

.0203 DEFINITION OF TER.MS 

The terms used herein in this 
Section shall be as dcfmed in G.S. 
143.213 except for G.S. 143-213(15) 
and as follows: 

(1) "Agronomist" means a 
person with a four year degree in 
agronomy or agricultural 
engineering from an approved 
college or uni\crsity. 

(2) "Building" means any 
stnicturc or ixirt ol a structure 



built 

enclosure 



or 
or the separate 
persons. 



chattels, or property of any kind 
and which has enclosing walls for 
at least 50 percent to its 
perimeter. I'ach unit separated 
from oth^r units by a four hour 
fire wall shall be considered as a 



separate building. 

(3) "Buildmg drain" means that 
part of the lowest piping of a 
drainage system which receives 
waste from mside the building 
and conveys it to the building 
sewer which begins fO feet 
outside the building wall. 

(4) "Building sewer" means that 
part of the hori/onlal pipmg of a 
drainage system which receives 
the discharge of the building 
drain and conveys it to a public 
sewer, private sewer, or on-site 
sewage disposal system. 

(5) "C horizon" means the 
unconsolidated material 
underlying the soil solumT^hich 
may or may not be the same as 
the parent material from which 
the solum is formed but is below 
the zones of major biological 
activity and exhibits 
characteristics more similar to 
rock than to soil. 

(6) (1 ) The tcnn "Director" means 
the Director of the Division of 
En\ ironmental Management, 
Department of Natural 
Resources and Community 
De\ elopmcnt or his delegate. 

(7) "Dedicated site" means a site: 

(a) to which sludge is applied 

at^ rates or frequencies greater 
than agronomically justihable, 
or at agronomic rates where the 
primary use of the land is lor 
sludge disposal and crop or 
ground cover production is oT 
secondary importance, or 

(b) an>^ sludge disposal site 
designated by the director. 

{S^ [8] "Division" means the 

Di\ision of En\ironmental 
.Management, Department of 
Natural Resources and 

Community Development. 

(9) "Groundwaters " means those 
waters in the saturated zone of 
the earth. 



helter or 



ol 



animals. 



(10) "Industnal wastewater" means 
all wastcwakT t)tlier than sewage 
and includes: 
(a) wastewater resultini! from 



\ORTH CAROLI.XA REGISTER 



59 



PROPOSED RULES 



any process of industn or 
manufacture. or fn)m the 
dc\eloiiineiit ol am natural 



(h) wasteualer resullinu from 
processes of trade 
includini 



or fusiness. 

wastewater from 



laundromats and car 
but not wastewater 
restaurants: 
(c) any combination of 



washes. 
from 



sewage 
wastewater. 



and 



non-sewaee 



(11) (^ '-the temi "Person" 

shall mean means an\' and all 
persons, including individuals, 
firms, partnerships, associations, 
public or private institutions, 
municipalities or political 
subdivisions, governmental 

agencies, or private or public 
corporations organized or 
existing under the laus of this 
state or any other state or 
country. 

( 12) "Pollutant" means waste as 
defined in G.S. 143-213(18). 

(13) "Pn\atc sewer" means any 
part of a sewer s\stem which 
collects wastewater from more 
than one buUding. is pnvatel\ 
owned and is not direeth 



controlled bv a public authority. 

(14) "Professional engineer" means 
a person who is presently 
registered and licensed as a 
professional engineer by the 
North CaroUna State Board of 
Registration For I'rotessional 
lingmcers and Land Sur\eNors. 

(15) "Public or community sewage 
system" means a smgle system of 

collection, treatment. 



sewage 

and or disposal 



owned and 



operated by a sanitary district, a 
metropolitan sewage distnct. a 
water and sewer authonty, a 
countv. a municipalit\ . or a 



public utilit> . 
( 16) "Public sewer" 



means a sewer 



located in a dedicated public 
street, roadway, or dedicated 
public nght-of-uay which is 
owned or operated bv an\' 
municipality, county, water or 
sewer distnct. or any other 
political subdu'ision <2[ the state 
authori/ed to construct or 
oper.ite a sewer s\ stem. 
( 17| "Sewage" means the liquid .and 



solid human waste, and liquid 
waste generated by domestic 
water-using fi.xtures and 

appliances, from any residence, 
place of business, or place oT 
public assembly. Sewage does 
not include wastewater thaT Ts 
totalh or parti;ill\- industnal 
wastewater, or ans 



other 

wastewater not considered to be 
domestic waste. 



(18) ( 



3) The term "Sewer system" 

means gra\'ity flow pipelines or 
conduits, eight inche s i» diameter 
©f greater , pumping stations, and 
appliances appurtenant thereto, 
used for conducting wastes to a 
point of ultimate disposal. 

92 "Sludge" means any solid, 
semisolid or liquid waste 
generated from a wastewater 
treatment plant, water supply 
treatment plant or air pollution 
control Tacilit\ perrrutted under 
the authonty of the 

Environmental Manaeement 



Commission. 
(20) "Soils scientist' 



means a 



person with a four year degree in 
sop science, agricultural 

engineering or agronomy from ari 
approved coUege or uni\ersity. 

(21) (6) The term "StaiT' means the 
water quality section staff of the 
division oi en\'Lronmental 
management Division of 

Environmental Management 
Department "oT Natural 

Resources and Community 
Development. 

(-^ (22) "Subsurface ground 

absorption sewage disp>osal 
system" means a seu'age waste 
disposal method relying which 
distributes waste beneath the 
ground surface and relies 



primanls on the soil for leaching 
and remo\'al of dissolved and 
suspended organic or mineral 
materials from human wastes. 
Included are ground absorption 
sanitap , sewage disposal systems 
scrv ' ing for multiple family 
residences I places oi business , dt 
places Q-i public assembly , an4 
having a design capacity in exce s s 
©f 3 , nilfl gallon s , public or 
communitN sewage systems aruT 
grouiK l ap >. orplioii s\stems ©{ 
capacity which are designed 



60 



SORTH CAROU\A REGISTER 



PROPOSED RULES 



for the disposal of industrial 
wastes. 

(S) (23) "Surface waters" means all 
waters of the state as defined in 
G.S. 143-213(20) except 

underground waters. 

(4) (24) "Treatment works or 

disposal system which does not 
discharge to surface waters" 
means any treatment works or 
disposal system which is designed 
to: 

(a) operate as closed system with 
no discharge to waters of the 
state, or 

(b) dispose of wastes , including 
residual sludges, after treatment 
to the surface of the land, or 

(c) dispose of wastes through 

a ground subsurface absorption 

system. 
(J^ (25) "Underground waters" ©f 
groundwater s means »n^ and all 
waters beneath in the land 
surface oi the stat&T Tncluding the 
land surface beneath s urface 
waters ©f the state , subsurface 
including infiltration and 

groundwaters. 

Statutory Authority G.S. I30A-335: 
143-213: 143-2/5.3 (a) (J J. 



.0204 



ACTIVITIES WHICH REQUIRE 
A PERMIT 



No person shall do any of the 
following things or carry out any of 
the activities contained in N.C.G.S. 
143-215.1 (a) Q) thru UO) until or 
unless such the person shall have 
applied for anT Tias received a permit 
from the director or ( if appropriate 
an approved local sewer system 
program) and shall have and 
compUed with the conditions if an^ 
as ate prescribed in the permit. 
(44 make any outlets into tba 

underground waters ©f the states 
(2) con s truct en- operate any s ewer 
sy s tem , treatment works , 
disposal s y s tem which doc s 
discharge to surface water s; 
(^ alter , extend , of change the 
construction of method 
operation of any. sewer sy s tem , 
treatment works , ot disposal 
s y s tem which doc s not di s charge 
to surf a ce waters ; 
('\\ increase the o m int i t \^ of \^';^ ^ te 
discharged through any outlet ot 
processed in any treatment work s 



Of 



of 



or di s po s al s y s tem which docs 

not discharge to the s urface 

wi i lcrs to any extent which 

would result in any violation of 

Hm- effluent standards or 

limitations established iof any^ 

point s ource of which would 

adver s ely affect the condition of 

the receiving ground water s to 

the extent of violating any of the 

standards applicable to s uch 

waters , of to an extent beyond 

such minimum hmit s as the 

commission may prescribe , by 

way of general exemption from 

the provisions of this 

Subdivision, by its official 

regulations ; 

(^ change the nature or quantity 

of the wastewater not di s charged to 

s urface water s in any way which 

would contravene any applicable 

water quality s tandards; 

directly or indirectly , to be 
discharged to or in any manner 
inlennixed with the underground 
waters of the s tate in violation of 
water quality standards 

applicable to the as s igned 
classifications or in violation of 
any effluent s tandards or 
limitations c s tabUshed for any 
point s ource , unles s allowed as a 
condition of any permit , special 
order , or other appropriate 
instrument issued or entered into 
by the commis s ion pursuant to 
6^ 1 4 3 -2 11 et se«^ 

(J) c.iuse or permit any waste s 
for which pretreatment is 
required by pretreatment 

standards to be discharged , 
directly or indirectly from a 
prclreatment facility to any 
dispo s al system which does not 
discharge to the surface waters, 
or to alter , extend , or change the 
construction or method of 
operation or increa s e the 
. quantity or change the nature of 
the waste discharged from or 
processed in s uch facihty ; 

{^ enter into a contract for the 
con> ^ truction and installation of 
any outlet , sewer s y s tem , 
prclreatment facihty , treatment 
work s, OF disposal system which 
docs not discharge to surface 



iXORTH CAROLI.XA REGISTER 



61 



PROPOSED RULES 



waters, of iof- tba alt i ^-r a tion oi- 
extension (^ mw- M4ch fi<cilities , 

StaluUirv Aulhoritv (i.S. /.WA-3.L^: 
l-IS-:i.\l: N3-:if>J (a) ill. 

.(I2I1S AI'I'IICA HON: SLI'I'OK 1 1\<; 

IM OKMAIION: RKQl IKKMl MS 

(a) Junsdiction. Applicalions tor 
scwcr system extensions under the 
jurisdiction of a local sewer system 
program shall be made in accordance 
with applicable local laws and 
ordmances. Applications for permits 
from the division shall be made in 
accordance with this Rule as follows. 

(b) Applications. Application for 
a permit must be made in dti plicatc 
tnplicate on official form completely 
fdled out. where applicable, and fully 
executed in the manner set forth in 
Regulation iU06 Regulation 0207 
of this Section. A proce^^mg fee as 
described herein must be ^ubmitted 
with each application in the fonn of 
a check or money order made 
payable to N.C Department of 
Natural Resources and Communit\ 
De\elopment. Applications ma\ be 
returned if not accompanied b\ tlie 
processing fee. The signature of the 
consulting engineer or other agent 
will be accepted on the application 
only if accompanied by a letter of 
authorization. 

(c) I'rocessing 1 ee Aii 
applicaluin> . Af^ incompkle until 
required processing fuc^ m^ receixet l , 
^^^(^1 jy^ ^ ^ \. \\\2 ret u rned \^ \\' [q 
applicant , A non refundable 
processing fee oF one hundred dollars 
(SlOO.OOr shall be submitted with 
each application. No processing fee 
will be charged for modification of 
unexpired permits when the 
modifications are initiated by the 
director to correct processing errors , 
to change permit conditions, or 
otherwise to implement new- 
standards. The processing fee shall 
not apply to any farmer who 
submits an application which 
pertains to his farming operation. 
'41hc procejsing &C i^ a«. follows : 
The di\'ision shall not require permit 
processing fees for permits issued by 
local sewer s> stem programs. 

TA-pc Ujm 

Sludge 1 laiullinu S K l D.D ll 
('io> . ed tif Recycle 

S\>.tem>. Sni ll. U ll 



Gravity Scwcr 
lixteni i ion IVojcct 
I'olal Length : 

15(1(1 fi_.i_-t . 51 (III) f,_.^.| 
(ireater tiw» 50U0 



$ 10.0(t 
S 25.(1(> 



$ 50.00 



Dclegaled 

Municipality 

Projects with 

Pressure 

Sewer &f pump station S 50 . 00 

Wastewater Ircatment . ' 

Disposal Flow (gpd) : 

1,000.4,999 $50.00 

5,000 - 49,999 ^ISJM 

50,000 ©f M©4:e $100 . 00 

(d) {q^ Supporting Documents and 
Information. (44 TTiis Subdivision 
Paragraph outlines those supporting 
documents and information which 
must be submitted for sewers, sewer 
extensions, and disposal systems and 
wastewater treatment works which 
do not discharge to the surface 
waters of the state, t 
(1) For all facihlics: 

(A) Required sets of plans and 
specilications: 

[0 regular projects -^ 

three sets ol detailed plans 
and specilications signed 
and sealed by a professional 
enpneer. 
(ii) lederal and state 

grants projects ^i four sets 
ol detailed plans and 
specifications plus federal 
assurances required by 
appropriate federal agency; 

(B) Specifications describing all 
matenals to be used, methods 
o^ construction and means for 
assuring the quality and 
integnt> ^F LEI finished 
project: 

(C) A general location map. 
showing ori entation ol the 

reference to at 



facilit\ 



with 
two 



least two geographic 

references (numbered roads, 
named streams rivers, etc.); 
(D) When required, a 

statement submitted that the 
wastewater treatment facility 



wi 



in\ohi 



disconnected 



11 



be properly 
and the 

waslewalcr discharged into an 
adequate distnct or municipal 



62 



SORTH C.4ROU.\A REGISTER 



PROPOSED RULES 



system when 
available; 



it becomes 



sewer 



extensions 



(E) Permits which result in 
construction oF Facilities 



which 
£ubhc 



will be funded 



bx 

requ ire 



monies may _ 

environmental documentation 
pursuant to the North 
Carolina Environmental 

Policy Act. Permit 

applications for which such 
documentation is required 
will not be considered 
complete untH supported by 
the required documentation. 
(F) If more than one 

contiguous acre of land is to 
be uncovered by a project, 
documentation should be 
supplied verifying that the 
applicant has completed or is 
working with the appropriate 
regional engineer of* the Land 
Quahty Section on the 
completiori oT an erosion 
control plan. 

(2) For wastewater facilities 
specified m GS_ 143-215.1 (dl) 
that are or will be jointly or 
commonly owned, either a cop> 
oT a properly executed 
operational agreement or 
evidence to show that the 
apphcant has been designated as 
a public utility by the State 
Utilities Commission. 

(3) (2) For sewers and sewer 
extensions: 

(A) design flow ; including 
flows from branch sewer s; 

(B) rate of infiltration 

in gallons £cr day per inch of 
pipe diameter per mile of pipe 

(C) letter of agreement from 
owner or proper official of 
treatment works accepting the 
wastewater, if application is 
not submitted by owner or 
proper official having charge 
of treatment works; 

(D) plan and profile of sewers. 
(E^ specification s describing i^ 

materiitls to- ba used , methods 
oi construction iuid mean s ior 
a s suring the quality anJ 
integrity oi tb^ fini s hed 
project ; 

(E) Construction of sewers and 



prohibited in 
areas unless 



the 
the 



followmg 
specified 



determinations are made 
(i) in a natu ral area 
de signated 



on 

■^ 

Areas 



the Stale 
Natunil 



Registry 

Heritage Areas by a 
protection agreement 

between the owner and the 
Secretary o? tFe N.C. 



Department of Natural 
Resources and Community 
unless the 



Development, 
EMC agrees 



prudent, 



that 
Tcasible 



no 
or 



technologicaUy 
alternative exists, 



(ii) in a natural area 
dedicated 



Carolina 



as a 
Nature 



possible 



North 
Preserve 



_ mutual agreement 
between the owner and 
State of North Carohna 
(Governor and Council of 
State), unless the EMC 
and 



recommends 



the 



Governor and CouncU oT 
State agree that no prudent, 
feasible or technologicaUy 
possible alternative exists. 

(4) (J) For pumping stations: 

(A) design datA^ calculations 
for pump and force main 
sizmg; 

(B) plan and profile of 
force main; 

(C) plot plan ; pump station 
site location map; 

(D) s peciTication s de s cribing 

aU material s lo- be us(^ 
method s &i construction an4 
means iof as s uring the quality 
and integrity id tb« finished 
project ; name and 

classification of adjacent 
surface waters which could be 
anccted by a failure. 

(5) (44 For septic tank subsurface 
ground absorption systems: 
(A) percolation data on soilf 

soil evaluation of the disposal 
site conducted by a soils 
scientist down to the top ot^ 
the "C horizon", to include 
texture, 



color, 
capacity, 

restrictive 

horizons, cation exchange 
capacity, the presence or 



porosity, 

percolation rale field 
total thickness, 



.\ORTH CAROLISA REGISTER 



63 



PROPOSED RULES 



absence of evidence of any 
seasonal hiigh water table and 
his recommendations 

concerning application rates 
oT liquids, solids, mincnds 
and other constituents of the 
wastewater; 



(B) design data; 

(C) plans of complete system 
including plans plan and 
profile views for septic tt i nk , 
all system c(HTiponciiis, 
system layout anJ cros s 
section profile ol nitriflcati^>n 
l ines; 

(D) a map of the site, with 
topographic contour intervals 
not exceeding two feet or 25 
percent of total site relief, 
whichever is less, and 
showing all facility-related 
structures within the property 
boundary and the location of 
aU wells, springs. lakes, 
ponds, or other surface 
drainage ieatures within 5l)(J 
feet of" the principal waste 
treatment disposal sile(s). 

(H) For industrial waste, a 
hydrogeologic dcscnption of 
the subsurface to a depth oT 
20 feet or partially weathered 
bedrock, whichever is less. 
The number of bonnes shall 
be sufficient to delmc the 
following for the area 
underlying each major soil 
type at tne disposal site: 
(i) significant changes in 
lithology underlx ing the 
site; 
(ii) the vertical permeability 
of the unsaturated zone and 
the hydraulic conductivity 
oft he saturated zone, and 
(iii) depth to the mean seasonal 
high water table (TT 
detinable from soil 

from 



morphology 
evaluation 



or 
of 



other 



(H) 



applicable available data). 

Information on the 

location, construction details, 
and primary usage (drmking 
water. process water, 

monitoring, etc.) of all wells 
within 500 feet oi^the waste 
treatment disposal area. 

(G) Degree of treatment 

(pnmapt', secondar\ lertiar\ ). 



(H) For industrial waste a 
complete chemical analysis of 
the typical wastewater or 
sludge to be discharged, may 
mclude but not limited to 
Total Organic Carbon, BOD, 
COD, Chlorides, Phosphorus 
Nitrates, Phenok Total 
Tnhalomethanes, EP Toxicity 
test parameters. Total 

Halogenated Compounds, 
Total Coliforms and Total 
Dissolved Solids. 

(I) proposed location and 
construction details of a 
momtoring well network. 
(6) (^ For spray irrigation , of 

land application , or sludge 

except for rotary HTstributor 

disposal systems and systems for 

composting sludge for land 

application: 

(A) topographic map oi 

disposal area ; a map of the 
site, with topographic contour 
intervals not exceeding 10 feet 
or 25 percent of totaT site 
rehet, whichever is less, and 
showing all Facility-related 
structures within~tlie property 
boundary and the location of 
all wells, pits and quarries, 
sprmgs. lakes, ponds, or other 
surface drainage leatures 
within 500 feet of the waste 
treatment /disposal site(s); 

(Byic^ bonn^ and 

subsurface data a dequate for 
site evaluation; excepting the 
application of sludge at otRer 
than dedicated sites, tHe 
inlormation specified in 
Subsections (d) (5) (E), (G) 
and (H) oHhis Rule; 

(C) soil evaluation of the 

di s posal site conducted by a 
rccogni/.cd soik s cienti s t and 
tu^ recommendations 

concerning application rates 
of liquids , solids , minerals 
and other constituent s oi tba 
wastewater ; soil evaluation of 
the disposal site conducted by 
a soils scientist down to the 
top of the "C horizon", to 
include texture, porosity, 
color, percolation rate field 
capacity, total thickness, 
restrictive horizons, cation 
exchcinge capacity. the 



64 



.\OR TH CAROUj\A register 



PROPOSED RULES 



presence 



or absence of 



evidence of any seasonal high 
water table and his 
recommendations concerning 
apphcation rates of Liquids^ 
solids, minerals and other 

o7 



constituents 



the 



wastewater; 

(D) a project evaluation 
conducted by a rccogniaed 
qualified agronomist and his 
recommendations concerning 
cover crops and their ability 
to accept the proposed 
application rates of liquid, 
solids, minerals and other 
constituents of the 
wastewater; 

(E) complete plans and 
specifications for the entire 
system i , including treatment, 
storage, application, and 
disposal facilities and 
equipment: 

(F) For industrial waste, 

a complete chemical analysis 
of the typical wastewater or 
sludge to be discharged, may 
mclude but not Limited to 
Total Organic Carbon, BOD, 



COD. Chlorides, Phosphorus, 
Nitrates, PhenoT Total 
Irihalomethanes, EP Toxicity 
test parameters. Total 
Halogenated Compounds, 
Total Coliforms and Total 
Dissolved SoUds. 



(G) Excepting the application 
of sludge at other than 
dedicated sites, proposed 
location " and construction 
details of a monitoring well 
network. 

(H) Information on the 

location, construction details, 
and primary' usage (drinking 
water. process water, 

monitoring, etc.) of aU wells 
within the perimeter oT 
compliance specified in Rule 
21, .010.^ (h) of thisThapter. 
(7) Tor systems tor composting 

sludge lor land application: 



(A) a map of the site, with 
topographic contour intervals 
not cxccedmg 10 feet or 25 
percent of total site relict, 
whichever is less. and 
showing all facility-related 
structures within the property 



boundary and the location of 
all weUs, springs, lakes, 
ponds, or other surface 
drainage features within 500 
feet of the principal waste 
treatment/disposal site(s); 

(B) complete plans and 
specifications for the entire 
system, including facilities and 
equipmcrit for treatment, 
storage and preparation for 
disposal; 

(C) for uTdustrial waste, 

a hydrogeologic description of 
the subsurface, to a depth oT 
20 feet or partially weathered 
bedrock, whichever is less. 
The number of borings shall 
be suffic ient to defme the 
io llowing 



for 
each 



the 
major 



area 
sod 



underlying 

type at the disposal site: 
(i) significant changes in 
Uthology underlymg the 
site; 
(ii) the vertical permeability 
oTThc unsaturated zone and 
the hydraulic conductivity 
oFthe saturated zone; and 
(iii) depth to the mean seasonal 
high water table (E 
defmable from soil 

from 



morphology 
evaluation 



or 

oF 



other 



apphcable available data); 

(D) proposed location and 
construction details of a 

. monitoring well network. 
(8) (4) For closed system or 

recycle disposal systems and 

treatment works: 

(A) complete description si 
wastewater including chemical 
composition and chemical 
reactions which may occur 
v ^ ithin th« system . for 

industrial waste, a complete 
chemical analysis ~oT the 
typical wastewater or sludge 
to be discharged, may include 
but 



not 

Oruanic 



limited 
Carbon, 



to Total 
BOD. 



COD, Chlorides. Phos[ 



Nitrates. 



i'henol. 



Total 



Irihalomethanes. EP Toxicity 
test panimeters. Total 

Halogenated Compounds, 
Total CoUforms and Total 
Dissolved Solids: 



(B) plans and specifications of 



SORTH CAROLINA REGISTER 



65 



PROPOSED RULES 



the entire 



system. 
for 



When 



nccessar>' tor an 

understanding of a treatment 
process, the applicant should 
also submit process flow 
diagrams. 
(C) soik evaluation te- 

dctenninc load bcannus 
capacity , porosit\' , 

compactability »»4 other 
features ncccssaP i f t& 

determine th« potential it^f- 
ground water contamination . 
For industrial waste, a 
hydrogeologic description oT 



lOffli 

irfac 



the subsurface to a depth oT 
20 feet or partially weathered 
bedrock, whiche\er is less. 
rhc number of bonngs 
be suflicient to defme 
{ollowing for 
each 



underhine 



the 
majo r 



>hall 
the 

area 
soil 



type at the disposal site: 
(i) sigrulicant changes in 

lithology underlying the 

site: 
(ii) the vertical permeability 

ot the unsaturated zone and 

the hydraulic conductivity 

o 



(m 



the saturated zone; and 

depth to the mean 
seasonal high water table (jf 
delinable from soil 

morphology or from 
ev:duation oT~ other 

applicable" available data). 
(d^ Mi s cellaneous Requirements . 
(44 Required scU oi plans 
and specifications ; 
(-A4 regular projects » twa 
se4s oi detailed plans and 
s pecifications ! 
{&^ federal and state grants 
projects " three seU of 
detailed plan s and 

s pecifications pki» federal 
assurances required bv 
appropriate federal agency; 
(24 f^ pumping stations ; 
(A4 na bv pa^ of overflow 

li nes 
(£4 dual pumps, 
(C) dual power suf^plv where 
waters classified a^^ A Ur Br 
^ ape invohcd. 
(-D4 high water alarms ; 
1^ C^ompliancc uith commission 
regulations on "coastal v . .4! - le 
treatment disposal" found m 



Section OMOO of thi* 
Subchapter ; 

(4) Compliance with commission 
regulations on " s eptic tank 
sy s tem s " found in Section . 0300 
of this Subchapter , b^ a system 
above 3 , 000 gallon s design 
capacity , which doe s not 
discharge ta tb« surface waters 
pf ^V)f> St at^: 

{S^ When an a pplication for 
a permit is filed foe wastewater 
facilities iet- a condorrunium , a 
copy of the properly executed 
"tri - pafty agreement" must b& 
s ubmitted . 

1^ Where applicable , evidence 
must b& s ubmitted to- s how that 
application ha» been filed with 
the State Utilities Commi ss ion 
fer approval of utility »te 
s tructures ; 

(J) WTien required, a s tatement 
s hould be s ubmitted that the 
wastewater treatment facility 
involved wiU be properly 
di s connected , and the 

wastewater discharged into aa 
adequate district or municipal 
s ystem when it becomes 
available . 

(9) For rotary distributors: 

(A) a map of the site, with 

a horizontal scale of one inch 
equal 1,000 feet or less and 
t opographic contour intervals 
not exceeding two feet or 25 
percent of the total site relief 
whichever is less, and 
showing all facility-related 
structures within the property 
boundary and the location of 
all weUs, springs, lakes, ponds 
or other surface dramage 
features within 500 feet of the 
principal waste 

treatment/disposal site(s); 

(B) hydrogcological 
information describing the 
vertical and horizontal extent 
and lithologic character of the 
unconfincd aquifer and its 
hydraulic relationship to the 
firsi confmed aquifer beneath 
the site and the vertical 
permeability and thickness of 
the confining bed. The 
mlonnation must also include 

"or 



a determination 



transmissivitv 



and 



IHc 
specific 



66 



.\ORTH CAROLL\A REGISTER 



PROPOSED RULES 



yield of the unconfincd 
aquifer, detcmimed by either 
a withdrawal or recharge test; 

(C) a determination of the 
quality and movement of 
groundwater and surface 
water in the area and an 
evaluation oTthe impact that 
the proposed system wHThavc 
on water levels, movement 
and quality of waters; 

(D) complete plans and 
specifications Jor the entire 
system, including treatment 

' Storage and rotary distributor 
facilities and equipment; 

(E) the information specified 
in .0205 (d) (5) (H); 

(F) proposed location and 
construction details of 
monitoring well network; 

(G) proposed momtoring plan 
luding the method of 



mc, 



determtrung groundwater 

levels arid quality of water 
parameters and frequency of 
sampling. 

Statutory Authority G.S. 143-215.1; 
143-215.3 (a) (I). 

.0206 SUBMISSION OF PER.VIIT 
APPLICATIONS 

(a) Permit applications , 
supporting information, and 
processing fee for permits issued by 
the division shall be filed with the 
Director, Division of Environmental 
Management, Department of 
Natural Resources and Community 
Development, Post Office Box 
27687, Raleigh, North Carolina, 
27611. Applications for permits 
from local sewer system programs 
shall be submitted directly to the 
local program director. The division 
shaU not require permit processing 
fees for p>ermits issued by local sewer 
system programs. 

(b) Complete application and 
s upporting informati aa shall be fUe4 
sX least 90 days i» advance of the 
date QA which construction i» ta 
begin &f contracts for construction 
awarded . 

(c) (b) Permit applications shall be 
signed as follows: 

(1) in the case of corporations, 
by a principal executive officer 
of at least the level of 



vice-president, or his duly 
authorized representative; 

(2) in the case of a partnership, 
by a general partner and in the 
case of a limited partnership, by 
a general partner; 

(3) in the case of a sole 
proprietorship, by the 
proprietor; 

(4) in the case of a municipal, 
state, or other public entity by 
either a principal executive 
officer, ranking elected official 
or other duly authorized 
employee. 

Statutory Authority G.S. 143-21 5.1; 
143-215.3 (a) (I). 

.0208 STAFF REVIEW AND 

PERMIT PREPARATION 

(a) I'he staff of the permitting 
agency shall conduct a review of 
plans, specifications and other 
project data accompanying the 
application and shall determine if the 
application and required information 
Of. accompanying supporting data of- 
both are complete. The staff shall 
acknowledge receipt of a complete 
application. The local government 
unit or units having jurisdiction over 
specific residential projects shall be 
notified of permit applications in 
accordance with N.C.G.S. 143-215.1 

(dl). 

(b) If the staff's prekminar)^ 
determination in Subdivision (^ oi 
thi» Regulation i« that. tha 
application of accompanying 
supporting d»ta of- both are 
incomplete application is not 
complete with all required 
information , the stalF shall advise 
the applicant by mail: 

(4-) t^iat the application er 

accompanying supporting data 
Of. both are incomplete ; 

^ (_!} how the application or 
accompanying supporting 

information data ©p both may 
b>e modified to make them 
acceptable or complete; 

P) [2} that the 90 day processing 
period required in G.S. 
143-215.1 and Regulation .0209 
of this Section begins upon 
receipt of corrected or complete 
application of- accomp:mying 
with required supporting 
intormation data &f both ; 



iXORTH CAROLINA REGISTER 



67 



PROPOSED RULES 



(4^ (3} that, if acceptable ot- 

complete plans with all required 
information are not resubmitted 
within 60 days, the application 
packet will be returned to the 
applicant as "incomplete". 

(c) Pursuant to GS_ 143-67 (a). 
the staff of the division shall 
determine for sewer system 
construction or sewer system 
extensions, whether the treatment 
works or the sewer system to wliich 
the new system will connect is 
adequate to receive waste which will 
be discharged to the new system. 

(d) For treatment works and 
disposal systems, the staff shall make 
a site-specific evaluation to 
determine the potential impacts of 
the proposed project on surface and 
ground water quality. 

(4^ (Coordination With the 
Ground Water Section 

(-1-) L'pon receipt of applications 
and supporting data , the staff 
U4U for^vard copies ta the 
appropriate fi^ld office 

representative ef tb« ground 

(^ B«f- disposal s ystem s ot 

treatment works , the. staff shall 
conduct aA on ^4to evaluation 
jointly with the ground water 
section oi tb« division of 
resource planning and 

evaluation , Department of 
Natural Re s ources and 

Community Development, 
(^ The staff wjJ- consider the 
comments oi tb« ground water 
section in deciding ; 
(A^ whether the application 
and supporting informati oa i« 
adequate , 
(-B4 whether ta i ss ue ot deny 

tbc permit application , or 
(C^ on conditions to include 
in tb« permit . 
(«) If the staff recommends 
issuance of the permit , the staff shall 
prepare the permit and letter of 
transmittal foe the director's 
signature . 34^ pcnviit shall contain 
terms and conditions necessary to 
achiev'e the purposes of Article 24-, 
('h i ipter 44d of the N . C . General 
■Statutes . 

(f^ if t he Fta ff recom me nds d en ial 
of the p ( .Tinit applicatitm , the Oaff 
sha l l prepare an appropriate letter of 



denial foe the director' s action and 
sign a ture . Preparation of a letter of 
denial s hall be deemed to be the 
s taff' s recommendation for deni a l - 
reasons for denial and measure s 
which the applicant ma^ take to 
make the application approvable . 

Statutory Authority G.S. 143-2/5. J 

(b), (d); 143-215.3 (a) (1); 
143-2/5.3 fa) (4). 

.0209 FINAL ACTION ON PER.MIT 
APPLICATIONS TO THE 
DIVISION 

(a) The director shall take fmal 
action on all applications not later 
than 90 days following receipt of a 
complete application and with 
required information. s upportmg 
documents . AH permits or renewals 
of permits and decisions denying 
permits or renewals shall be in 
writing. 

(b) The director is authorized to: 

(1) issue a permit containing 
such conditions as are necessary 
to effectuate the purposes of 
Article 21, Chapter 143, N.C. 
General Statutes; 

(2) issue a permit containing 
time schedules for achieving 
compliance with applicable 
effluent standards and 
limitations, water quality 
standards and other legally 
applicable requirements; 

1^ modify or re\fokc any pemut 
upon gi'/ing 60 day s notice to 
the person affected pur s uant to 
Regulation . 0212 1^ of thk 
Section; 

(4^ suspend a permit pur s uant 
to Regulation . 0212 (a^ of thi» 
Section ; 

(^ (3) deny a permit application 

where necessary to effectuate: 

(A) where necessar>f to 
effectuate the purposes of 
Article 21, Chapter 143; 

(B) where nece s sary to 
effectuate the purposes of 
N.C. G.S. 143-215.67 (a); 

(C) where necessar)' to 
effectuate commi s sion 
regulations on coastal waste 
treatment, disposal, found in 
Section .0400 of this 
Subchapter; 

( D) where neces s ap , r to 



6S 



iXORTH CAROLINA REGISTER 



PROPOSED RULES 



effectuate 
regulations 



on 



comnu ss ion 

"subsurface 



disF>osal septic tank systems," 
found in Section .0300 of this 
Subchapter; 
(E) regulations on groundwater 
quality standards found In 
Subchapter 2L ^T this 
Chapter. 

(c) If a pKirrrut is denied, the 
letter of dcmaT ^hall state the 
reason(s) lor denial and any 
reasonable measures which the 
applicant" may take to make the 
application approvable. 

(d) (c^ The director shall submit 

to the commission at its regular 
meetings a rep>ort which contains the 
action taken with respect to any 
permit application since the last 
commission meeting. 

(e) {d^ Permits shall be issued or 
renewed for a period of time deemed 
reasonable by the director. 

Statutory Authority G.S. 143-215. 1 
(a), (b), (d); 143-215.3 (a) (I). 

.0210 NOTIFICATION OF APPLICANTS 
(REPEALED) 

Statutory Authority G.S. 143-215.1 
(a): 143-215.3 (a) (4). 

.0211 PERMIT RENEWALS 

Requests for permit renewals are to 
be submitted to the director six 
months prior to expiration unless 
revoked in accordance with 
Regulation .0213 Regulation 

. 2 09(b)(3) of this Section. Such 
requests must be submitted with a 
processing fee of twenty live one 
hundred dollars ($100.00) (S25 . 00) Tn 
the form of a check or money order 
made payable to the N. C. 
Department of Natural Resources 
and Community Development. All 
applications are incomplete until 
required processing fees are received, 
and may be returned to the 
applicant. The processing fee shall 
not apply to any farmer who 
submits an application which 
pertains to his fanning operation. 

Statutory Authority G.S. 143-215.3 

(e) (I). 

.0212 ADMINISTRATIVE HEARINGS 

An applicant whose permit is 



denied, or is granted subject to 
conditions he the applicant deems 
unacceptable, shall have the right to 
an adjudicatory hearing upon giving 
written notice, identifying the 
specific issue to be contended, to the 
director within 30 days following 
notice of fmal decision to deny or 
grant the permit. Unless such notice 
is given, the decision on the 
application shall be fmal and 
binding. Administrative hearings 
shall be conducted in accordance 
with the procedure set forth in 
Subchapter 21, Hearings, of this 
Title. 

Statutory Authority G.S. 143-215.1 
(e); 143-215.3 (a) (1); 143-215.4. 

.0213 MODIFICATION AND 
REVOCATION OF 
PERMITS 

Any permit issued b^ the division 
pursuant to these Regulations is 
subject to revocation, s uspension , or 
modification upon 60 days notice 
modific a t ion ~by the director m 
whole or part foF good cause 
including but not limited to: 

(1) violation of any terms or 
conditions of the permit; 

(2) obtaining a permit by 
misrepresentation or failure to 
disclose fully all relevant facts; 

(3) refusal of the permittee to 
permit authorized employees of 
the Department of Natural 
Resources and Community 
Development upon presentation 
of credentials: 

(a) to enter upon permittee's 
premises on which a system is 
located in which any records are 
required to be kept under terms 
and conditions of the permit, 

(b) to have access to any copy 
and records required to be kept 
under terms and conditions of 
the permit, 

(c) to inspect any monitoring 
equipment or method required 
in the permit, or 

(d) to .sample any discharge of 
pollutants. 

Statulorv .-Xuthoritv G.S. 143-215.1 
(b) (2f; 143-215.3 (a) (Ij. 

.0214 INVESTIGATIONS: MONITORING 
AND REPORTING (REPEALED) 



NORTH CAROLINA REGISTER 



69 



PROPOSED RULES 



Statutory Authority G.S. 143-2/5. J 
(b): 143-215.3 (a). 

.0215 DELEGATION OF ALTllORlT^ 

Vox permits issued by the division, 
the director is authorized to delegate 
any or aU of the function contained 
in these Regulations except the 
foUowing: 

(1) denial of a permit application, 

(2) suspension oi a permit , 
(J^ (2) revocation of a permit, 
(4) (3) modification of a permit. 

Statutory Authority G.S. 143-215.3 
(a) (I): 143-215.3 (a) (4). 

.0216 LI.MITATION ON DELEGATION 
(REPEALED) 

Statutory Authority G.S. 143-2/5.3 
(a) (/): /43-2/5.3 (a) (4); 
/ 43-2/ 5.9 (d). 

.0218 LOCAL PROGRA.MS FOR SEWFR 
SYSTEMS 

(b) Applications. 
(3) An attorney representing the 
local unit of government 
submitting the application must 
certify that the local authorities 
for processing permit 

applications, setting permit 
requirements, enforcement, and 
p>enalties are sO. least a» stringent 
as compatible with those for 
permits issued by the division. 

Statutory Authority G.S. /43-2/5./: 
/43-2/5.3 (a) (/). 

.0219 .MINIMUM DESIGN 
REQUIREMENTS 

(a) x\ll facilities requiring a 
permit pursuant to this Section shall 
be designed following good 
engineering practice and shall not 
result in nuisance conditions. The 
plans and specifications must be 
stamped and sealed by a Professional 
Engineer. 

(b) Waste, including treated 
waste, shall not be placed directly 
into, or in contact with, GA 
classified groundwater unless such 
placement will not result in a 
contravention of GA groundwater 
standards, as demonstrated by 
predictive calculations or modeling 
methods acceptable to the director. 



(c) Impoundments, trenches or 
other excavations made for the 
purjx)se of storing or treating waste 
will not be excavated into bedrock 
unless the placement of waste into 
such excavations will not result in a 
contravention of assigned standards, 
as demonstrated by predictive 
calculations or modeling methods 
acceptable to the director. 

(d) The bottoms of earthen 
impoundments, trenches or other 
similar excavations with the 
exception of nitrification fields and 
sewer line excavations shall be at 
least four feet above the consolidated 
rock surface, except that the bottom 
of excavations which are less than 
four feet above consolidated rock 
shall have a liner with a hydraulic 
conductivity no greater than 1 x 10-7 
centimeters per second. Liner 
thickness will be that thickness 
necessary to achieve a leakage rate 
consistent with the sensitivity of 
classified groundwaters. Separation 
distances or liner requirements may 
be reduced if it can be demonstrated 
by predictive calculations or 
modeling methods acceptable to the 
director, that construction and use of 
these treatment and disposal units 
will not result in contravention of 
assigned standards. 

(e) Industrial waste shall not be 
applied or discharged onto or below 
the land surface when the vertical 
separation between the waste and 
the water table is less than three feet 
unless such placement or discharge 
wiU not result in a contravention of 
classified groundwater standards as 
demonstrated by predictive 
calculations or modeling methods 
acceptable to the director. 

(f) Treatment works and disposal 
systems utilizing earthen basins, 
lagoons, ponds or trenches, 
excluding nitrification fields and 
holding ponds containing treated 
effluent prior to spray irrigation, for 
treatment, storage or disposal shall 
have either a liner of natural material 
at least ore foot in thickness and 
having a hydraulic conductivity of 
no greater than 1 x 10-6 centimeters 
per second when compacted, or a 
synthetic Uner of sufficient thickness 
to exhibit structural integrity and an 
effective hydraulic conductivity no 



70 



NOR TH CA R OLLXA REGIS TER 



PROPOSED RULES 



greater than that of the natural 
material liner. 

(g) Except as otherwise provided 
by these requirements or by terms of 
a p>ermit, all waste treatment, storage 
and disposal facilities must maintain 
and operate a groundwater 
monitoring system as approved by 
the division. The monitoring system 
must be designed to assess the 
impact of any discharge on the 
quality of the underlying 
groundwaters and must be based on 
the results of the hydrogeologic 
investigation. 

(h) For pumping stations: 

(1) no by-pass or overflow lines, 

(2) multiple pumps shall be 
provided capable of pumping at 
a rate of 2.5 times the average 
daily flow rate with any one 
pump out of service. 
Pump-on/Pump-off elevations 
shall be located such that 2-8 
pumping cycles per hour may 
be achieved in the pump 
station. If extended detention 
times are necessary due to 
phased development, the need 
for odor and corrosion control 
must be evaluated by the 
appUcant. 

(3) where waters classified as 
WS, SA, B or SB could be 
impacted by a power failure, at 
least one of the following shall 
be required: 

(A) dual source or standby 
power supply on site or; 

(B) telemetry systems with 
sufficient numbers of standby 
generators and staff for 
distribution or; 

(C) approval by the director 
that the pump station: 

(i) serves a private water 
distribution system which 
has automatic shut-off at 
power failure and no 
elevated water storage 
tanks, and 
(ii) has sufficient storage 
capacity that no potential 
for overflow exists, and 
(iii) is connected to 

facilities that can tolerate 
septic wastewater due to 
prolonged detention; 

(4) A screened vent shall be 
provided for the wet well; 



(5) high water alarms; 

(6) protection from a 100 year 
flood; 

(7) restricted access to the 
site and equipment. 

(i) For sewer systems and sewer 
system extensions: 

(1) All building drains and 
budding sewers which are 
approved by the local buUding 
inspector in accordance with the 
North Carolina Building Code 
are deemed to be permitted by 
the Envirorunental Management 
Commission; 

(2) AH sewers shall be designed 
based upon at least minimum 
standards which include: 

(A) wastewater flow rate at 
peak loading shall be 
adequate to serve the facibties 
for which they arc intended 
with the sewer flowing half 
fuU; 

(B) a velocity of two feet per 
second; 

(C) construction and operation 
shall not result in water 
poUution; 

(D) infiltration/ cxfiltration 
rate limited to 200 gallons per 
day per inch of pipe diameter 
per mile of pipe; 

(F) contruction and operation 

consistent with all applicable 

local ordinances; 
(F) for pubUc sewers, a 

minimum eight inch diameter 

pipe; 
(Cj) minimum separations: 
(i) Storm sewers 
(vertical) 12 inches 
(ii) Water mains 
(vertical) 18 inches or 
(horizontal) 10 feet 
(iii) In benched trenches 
(vertical) 18 inches 
(iv) Any private or public 
water supply source, 
including any Class I or 
Class II impounded 
reservoirs used as a source 
of drinking water'lOO feet 
(v) Waters classified 
A -II, WSI, WSII, WSIII, 
B, SA, or SB [from normal 
high water (or tide 
elevation)] 50 feet 
(vi) Any other stream. 



NORTH CAROU\A REGISTER 



71 



PROPOSED RULES 



lake or impoundment 10 
feet 
(vii) Any building 
foundation 5 feet 
(viii) Any basement 10 feet 
(i^ Aav- property line 5 
fget 

(ix) (*) Top slope of 
embankment or cuts of 2 
feet or more vertical height 
10 feet 

(x) {^ Drainage systems 
(1) Interceptor drains 5 

feet 
(II) Ground water 

lowering and surface 
drainage ditches 10 feet 
(xi) (j«4 Any swimming 
pool 10 feet 
Ferrous sewer pipe with joints 
equivalent to water main standards, 
shall be used where these minimum 
separations cannot be maintained. 
Jft »» case shall the The minimum 
separation shall however not be less 
than 25 feet ■■, from a private well or 
50 ft from a public water supplv 
weU. 

(H) Three feet minunum cover 
shall be provided for all 
sewers unless ferrous material 
pipe is specified. Ferrous 
material pipe or other pipe 
with proper bedding to 
develop design suppxjrting 
strength shall be provided 
where sewers are subject to 
traffic bearing loads; 
(I) The maximum separation 
between manholes shall be 
425 feet unless written 
documentation is submitted 
with the application that the 
owner/authority has the 
capability to perform routine 
cleaning and maintenance on 
the sewer at the specified 
manhole separation; 
(J) Drop manholes shall be 
provided where invert 
separations exceed 2.5 feet; 
(K) Manholes shall be 

designed for lOO-ycar flood 
protection; 
(L) Air relief valves shall be 
located at all high points 
along force mains; 
(M) Odor and corrosion 

control must be evaluated by 
the applicant for all sewers 



and force mains with 
extended travel times, 
(j) For treatment works and 
disposal systems: 

(1) no by-pass or overflow lines; 

(2) multiple pumps if pumps are 
used; 

(3) where waters classified as 
WS-I, WS-II, WS-III, B, SA, or 
SB could be impacted by a 
power failure, at least one of the 
following; 

(A) dual or standby power 
supply on site, capable of 
powering all essential 
treatment comfxjnents under 
design conditions, or 

(B) approval by the director 
that the facility; 

(i) serves a private water 
distribution system which 
has automatic shut-off at 
power failure and no 
elevated water storage 
tanks, and 
(ii) has sufficient storage 
capacity that no potential 
for overflow exists, and 
(iii) can tolerate septic 

wastewater due to 

prolonged detention; 

(4) protection from 100 year 
flood; 

(5) buffer zones of at least 

the following distances, and 
greater where necessary to 
comply with Section 2H .0400 
of this Subchapter or to address 
particular site or waste 
characteristics: 

(A) Any habitable residence 

or place of public assembly 

under separate ownership or 

which are to be sold; 
(i) for spray irrigation 
systems not covered by 2H 
.0206(e).... 400 feet 
(ii) for surface sludge 
application. ...400 feet 

(ui) for subsurface sludge 

injection.. ..200 feet 
(iv) for falcultative 
lagoons. ...400 feet 
(v) for activated sludge 
plants or surface sand 
filters.... 100 feet 

(B) Any private or public 
water supply source.... 100 
feet; 

(C) Streams classified as WS-I, 



72 



yORTH CAROLINA REGISTER 



PROPOSED RULES 



WS-II, WS-III or B: 
(i) for subsurface 
disposal. ...50 feet 
(ii) for non-discharge surface 
disposal.... 100 feet 

(D) Waters classified SA or 
SB.... 100 feet from normal 
high water: 

(E) Any other stream, canal, 
marsh, or coastal waters: 

(i) for subsurface 

disposal....50 feet 
(ii) for non-discharge 

surface disposal.... 100 feet 

(F) Any Class I or Class II 
impounded reservoir used as 
a source of drinking 
water.... 100 feet from normal 
high water: 

(G) Any other lake or 
impoundment: 

(i) for subsurface 
disposal. ...50 feet 
(ii) for surface 
disposal.... 100 feet 
(H) Any buUding foundation: 
(i) for subsurface 
disposal.... 10 feet 
(ii) for surface 
disposal.... 100 feet 
(I) Any basement: 
(i) for subsurface 
disposal.... 15 feet 
(ii) for surface 
disposal.... 100 feet 
(J) Any property line: 
(i) for spray 
irrigation.... 150 feet 
(ii) for other surface 

disposal systems.... 100 feet 
(iii) for subsurface sludge 

injection... 100 feet 
(iv) for other surface 
treatment systems.... 50 feet 
(v) for other subsurface 
systems.... 10 feet 
(K) Top of slope of 

embankments or cuts or two 
feet or more in vertical height: 
(i) for subsurface 
disposal.... 15 feet 
(ii) for surface 
disposal.... 100 feet 
(L) Any water line.... 10 feet: 
(M) Drainage systems: 
(i) Interceptor drains 
(upslope) 
(I) for subsurface 
disposal.... 10 feet 
(II) for surface 



disposal.... 100 feet 
(ii) Interceptor drains 
(downslope) 
(I) for subsurface 
disposal. ...25 feet 
(II) for surface 
disposal.... 100 feet 
(iii) Groundwater lowering 
and surface drainage ditches 
(I) for subsurface 
disposal. ...25 feet 
(II) for surface 
disposal.... 100 feet 
(N) Any swimming pool: 
(i) for subsurface 
disposal.... 15 feet 
(ii) for surface 
disposal.... 100 feet 
(O) Any other nitrification 
field (except repair area).... 20 
feet 
(P) Any weU.... 100 feet 
(Q) Pubhc right-of-way surface 
disposal.... 50 feet 

(6) adequate flow equalization 
for facihties with fluctuations in 
influent flow which may 
adversely affect the performance 
of the system; 

(7) preparation of an operational 
management plan, including 
restricted access to the site and 
equipment, and, if appropriate, 
a crop management plan; 

(8) except for facilities for 

single family residences or as 
approved by the director, 
appropriate monitoring wells 
designed to assess the impacts 
on the groundwater of any 
discharge and constructed in 
accordance with Section 2C 
.0100 of this Chapter, 
(k) lor Land Application of 
l^omestic Wastewater on Ciolf 
Courses and Other Public Access 
Areas: 

(1) Aerated flow equaliy.ation 
facilities with a capacity of at 
least 25 percent of the system 
design flow. 

(2) AH essential treatment and 
disposal units shall be provided 
in duplicate. 

(3) The treatment process shall 
produce an effluent with a 
monthly average TSS of less 
than 5 mg/1 and a daily 
maximum TSS of less than 10 
mg/1 and a maximum fecal 



^ORTH CAROLINA REGISTER 



73 



PROPOSED RULES 



coliform level of less than 1/100 
ml, prior to discharge to a 
five-day detention pond. 

(4) There must be no public 
access to the five-day detention 
pond. 

(5) The size of the irrigation 
pond, that follows the five day 
holding pond, shall be justified 
using a mass water balance for 
worse case conditions. 

(6) An automatic;dly activated 
standby power source or other 
means to prevent improperly 
treated wastewater from entering 
the fivc-day detention pond 
shall be provided. 

(7) Requirements for the lining 
of the five-day detention and 
irrigation ponds shall be 
site -specific. 

(8) In the design of the sprinkler 
system, the piping shall be a 
separate system, with no 
cross-connections to a potable 
water supply (includes no 
spigots on the distribution 
system). 

(9) The rate of application shall 
be site-specific but not 
exceeding 1 and 3/4 inches/week 
(as given in 2H .0404(g|(8). 

( 10) The time of spraying shall 
occur between 11:00 p.m. and 
three hours prior to the daily 
opening of the course. 

(11) There shall be a 100 foot 
vegetative buffer zone between 
the edge of spray influence and 
the nearest dwelling. 

( 12) Signs shall be posted at the 
pro-shop stating that the course 
is irrigated with treated 
wastewater. 

(13) There shall be a certified 
operator of a class equivalent to 
the class plant on call 24 
hours/day. 

(1) Wastewater Flow Rates: 
(1) In determining the volume of 
sewage from dwelling units, the 
flow rate shall be 120 gallons 
per day per bedroom. llie 
minimum volume of sewage 
from each dwelling unit shall be 
240 gallons per day and each 
additional bedroom above two 
bedrooms will increase the 
volume by 120 gallons per day. 
Each bedroom or any other 



room or addition that can 
reasonably be expected to 
function as a bedroom shall be 
considered a bedroom for design 
purposes. When the occupancy 
of a dwelling unit exceeds two 
persons per bedroom, the 
volume of sewage shall be 
determined by the maximum 
occupancy at a rate of 60 
gallons per person per day. 
(2) The following table shall be 
used to determine the minimum 
allowable design daily flow of 
wastewater facilities. Design 
flow rates for establishments not 
identified below shall be 
determined using available flow 
data, water-using fixtures, 
occupancy or operation 

patterns, and other measured 
data. 



Type of 
Establishments 



Daily Flow 
For Design 



Airports, also RR Stations, bus 

terminals, (not including food 

service facilities).... 5 gal/passenger; 

Barber Shops.... 50 gal/chair; 

Bars, Cocktail Lx)unges (not 

including food services).... 20 

gal/ seat; 

Beauty Shops.... 125 gal/booth or 

bowl; 

Bowling Alleys. ...50 gal/lane; 

Businesses (other than those listed 

in this table).... 25 gal/employee; 

Camps: 

Construction or work camps. ...60 

gal/person 

Summer camps. ...60 gal/person 

Camp grounds 

Without water and sewer 
hookups.... 100 gal/campsite 
Travel trailer/recreational 

vehicle park with water and 
sewer hookup.... 120 

gal/campsite; 
Churches (not including food 
service, day care and camps). ...3 
gal/scat; 

(."ountry Clubs - Resident 
.Members.... 60 gal/person 

Nonresident Members. ...20 

gal/person; 

Day Care Facilities.... 15 gal/person; 
Factories (exclusive of industrial 
wastes) — per shift. ...25 gal/person 



74 



\ORTH CAROLINA REGISTER 



PROPOSED RULES 



Add for showers -- per shift.... 10 

gal/person; 

Food Service Facilities Restaurants 
(including fast food). ...40 gal/seat or 
40 gal/ 15 ft2 of dining area, 
whichever is greater 

24-hour Restaurants.... 50 gal/seat 

Single-Service (exclusive of fast 

food). ...25 gal/seat 

Food Stands: 

(1) Per 100 square feet of 
total floor space... 50 gal 

(2) Add per employee. ...25 gal; 
Hospitals. ...300 gal/bed; 
Laundries (self-service).... 500 
gal/machine; 

Marinas.... 10 gal/boat slip 
With bathhouse. ...30 gal/boat slip: 
Meat Markets: 

(1) Per 100 square feet of total 
floor space... 50 gal 

(2) Add per employee... .25 gal; 
Motels/Hotel... 120 gal, room 

with cooking facilities in 
room.... 175 gal/room; 

Nursing/ Rest Homes — With 

laundry.... 120 gal/bed 
Without laundry. ...60 gal/bed; 

Offices — per shift. ...25 gal/person: 

Residential! Care Facilities. ...60 

gal person; 

Resort.... 200 gal, room; 

Restaurants. ...40 gal/scat, or 40 

gal/ 15 ft2 of dining area (whichever 

is greater); 

Schools: 
Day Schools: 

With cafeteria, gym, and 
showers.... 15 gal/student; 
With cafeteria only.... 12 
gal/student; 

With neither cafeteria nor 
showers.... 10 gal/student; 
Boarding. ...60 galperson; 

Service Stations. ...250 gal/water 

closet or urinal; 

Stadiums, Auditoriums, Theaters, 

Drive-ins. ...5 gal seat or space; 

Stores, shopping centers and malls 

-- Note: if food service is included. 

add 40 gal scat. ...120 gal/ 1000 ft2; 

Swimming Pools and 

Bathhouses... 11) gal person. 

(3) An adjusted daily sewage flow 
may be granted upon a showing 
that a sewage system is 
adequate to meet actual daily 
water consumption from a 
facility included in 



Subparagraph (1) or (2) of this 
Paragraph. Documented, 

representative data from that 
facility or a comparable facility 
shall be submitted, consisting of 
at least 12 consecutive monthly 
total water consumption 
readings and daily total water 
consumption readings for at 
least 30 consecutive days of 
water use. The daily readings 
shall be taken during a 
projected peak sewage flow 
month. The adjusted design 
daily sewage flow shall be 
determined by taking the 
numerical average of the daily 
readings that fall within the 
upper 10 percent of the daily 
readings when ranked in 
descending order, 
(m) Additional requirements: 

(1) distance between water supply 
wells and waste facilities in 
accordance with Rule 2C 
.0107(a) of this Chapter or, if a 
greater area may be impacted, a 
distance in accordance with the 
perimeter of compliance 
described m Rule 2L .0103(h) of 
this Chapter; 

(2) comphance v\ith the 
groundwater standards specified 
in Subchapter 2L of this 
Chapter; 

(3) where apphcablc compliance 
with regulations on "coastal 
waste treatment disposal" found 
in Section .0400 of this 
Subchapter; and 

(4) For subsurface disposal 
systems, compliance with 
regulations on subsurface 
disposal svstems found in 
Section '.0300 of this 
Subchapter. 

(n) .'Mtcmative Design Criteria 
may be approved by the director. 
riiis approval wiU only be given in 
cases where the applicant can 
demonstrate that the /Vltemati\e 
Design Criteria will prcnide the 
following: 

( 1) I'qual or better treatment of 
the waste; and 

(2) Equal or better protection of 
the waters of the state; and 

(3) No increased potential for 
nuisance conditions. 



iXORTH CAROLINA REGISTER 



75 



PROPOSED RULES 



Slaluton' Aulhority G.S. 143-215. 1; 
l43-2l5.3(a)(l). 

.0220 CKKlll ICATION Ol 
COMIM 1 HON 

Prior to tlic operation of any 
scwcr system, treatment works ox 
disposid system permitted in 
accordanee with this Section, a 
certification must be received by the 
permitting agency from a 
professional engineer certifying that 
the sewer system, treatment works or 
disposal system has been installed in 
accordance with the approved plans 
and specifications. 

Statutory Authority G.S. 143-215. 1. 

.0221 OPERATIONAL AGREEMENTS 

Prior to issuance or reissuance 
of a permit pursuant to this Section 
for a wastewater facility as specified 
m G.S. 143-215.1(dl),'the applicant 
must either provide evidence to 
show that the applicant has been 
designated as a public utility b\ the 
State Utilities Commission or enter 
into a properly executed operational 
agreement with the Division of 
Environmental Management. 'l"he 
requirement for assurance of 
financial solvency will be made on a 
case by case determination. 

Statutory Authority G.S. 

1 43-2 1 5.1 (dl). 

SECTION .0900 - LEGAL 
PRETREAT.MENT PROGRA.MS 

.0901 PURPOSE 

(a) This Section is designed to 
provide procedures for submission, 
review, and approval of local 
pretrcatment programs as well as 
procedures for the implementation 
of approved pretrcatment programs. 
'Ihis Section also contains the 
requirements for removal allowances 
and variances from categorical 
pretrcatment standards for 

fundamentallN different factors. 



Statutory Authority 

I43-I25.3la)(l4). 



G.S. 



.0902 SCOPE 

The section apphes to 
nondomcstic pollutants covered bv 
15 NCAC 2B .0405(a) discharged 
into or otherwise transported by 



truck or rail or otherwise introduced 
into PO'l Ws T , to POTWs which 
receive wastewater from sources 
subject to pretrcatment standards 
eslabli.shed in 15 NCAC 20 .0405(a) 
T ; a«U to any new or existing source 
subject to pretrcatment standaids ; 
and to PQ rWs which receive 
wastewater frorrr ~ sourccs subject to 
pretrcatment standards estabbshed in 
compliance with 15 NCAC 2H 
.0909. 



Statutory Authority 

l43-2l5.3(a)(l4). 



G.S. 



.0903 DEFLNITIO.N OF TERMS 

(a) ITie definitions promulgated 

by the Environmental Protection 
Agency and codified as 40 CFR Part 
403.3 are hereby adopted by 
reference as amended through May 
ir iaS4 March f ^987. 

(b) For this Regulation the 
foilowLng definitions in addition to 
those in .0903(a) abo\e shall appTy: 

( 1) "Average" means the \alue 
calculated by dividing the sum 
of the data values coUected over 
a time period by the number of 
data points which compose the 
sum. 

(2) "Commission" means the 
Environmental .Management 
Commission of the Department 
oT Natural Resources and 
Community Development or its 
successor. 

(3) "Committee" means the 
NPDES committee oT the 
Environmental Management 
Commission. 

(4) "Control Authority" refers 

(A) the POTW if the POTWs 
submission for its 
pretrcatment program has 
been approved, or: 

(B) the approval authority if 
the submission has not been 
approved. 

(5) "Division" refers to the 
North CaroUna Department of 
Natunil Resources and 



Development. 
Environmental 



Community 

Division of 

■Management. 
(6) "EP.A" means the United 
States Environmental Protection 
Aeencv. 



76 



A'ORTH CAROUNA REGISTER 



PROPOSED RULES 



(7} "IDMR Form" or "IDMR" 
means the indirect discharger 
momtoring reporting form. 

(8} "POTW Director" means the 
chief administrative officer "oT 
the publicly owned treatment 
works or his delegate. 

(9) "Significant Industrial 
User" means a facility which 
discharges wastewater into a 
publicly owned treatment works 
and which: 

(A) has an average daily 
process wastewater flow of 
greater than 50,000 gallons 
per day, or; 

(B) contributes more than 5 
percent of any design capacity 
of the wastew ater treatment 

which 



Natural 



Resources 



plant 



receives 



lEe 



discharge, or; 
(C) IS required to meet a 



nationa 



or receivmg stream, or 
Funit the POTW sludge 



categorical 
pretreatment standard, or; 

(D) is determmed by the 
control authority to have a 
potential to adversely impact 
the wastewater treatment 
plant 

to '^ 

disposal options, or; 

(E) has been included in the 
momtormg program 
submitted in accordance with 
.0906 of This Section provided 
such lU has not been 
chmated through .0907(b) 
and (c) of this SccTion. 

( 10) "Significant Violation" is^ 

(A) a SIX month average value 
for a conventional or 
nonconventional pollutant 
which exceeds a pretreatment 
standard by 40 percent, or; 

(B) a six month average value 
for a toxic pollutant which 
exceeds a pretreatment 
standard by 20 percent, or; 

(C) any violation which 
remains uncorrected for 45 
days after notification "ol 
noncompliance by the control 
authority, or; 

(D) any viofation which 
conlnbutes to or results in 

wTTFi the 
•S pennit. 



noncompliance 
IH) rw s M>1)1 



(11) "StaiFlncans the staff of 
the Division of Environmental 
■Management, Department oT 



Community Development. 

Statutory Authority 

l43-2l5.3(a)(l)(14). 



and 



G.S. 



.0904 REOUIRIl) PRETREATMENT 
PROGRAMS 

The regulations covering 
pretreatment program development 
by the POTW promulgated by the 
Environmental Protection Agency 
and codified as 40 CFR Part 
403.8(a) through 40 CFR Part 
403.8(e) are hereby adopted by 
reference as amended through May 
X^XmA, March 1, 1987. 

Statutory Authority G.S. 

143-215. l(a)(b); l43-2l5.3(a)( 14). 

.0905 POTW PRETREATMENT 

PROGRAM REQUIREMENTS 

The POTW pretreatment program 
requirements promulgated by the 
Environmental Protection Agency 
and codified as 40 CFR Part 403.8(f) 
are hereby adopted by reference as 
amended through Nlay L, 198 4. 
March 1, 1987. 

Statutory Authority G.S. 143-215. 1 
(a) (b); 143-215.3 (a) (I) (14); 
I53A-274; I53A-275; 160A-3II; 
I60A-3I2. 

.0906 SUBMISSION FOR APPROVAL 

(a) The regulations covering the 
contents of pretreatment programs 
submitted for approval and the 
contents of a request to revise 
pretreatment standards, promulgated 
by the Environmental Protection 
Agency and codified as 40 CFR Part 
403.9 are hereby adopted by 
reference as amended through May 
4t1984, March 1, 1987. 

(b) In addition to the contents 
oT"! POTW pretreatment program 
submission from .0906(a) above, the 
program submission must contain: 

(1) an industrial user survey as 
required bv 40 CFR 403.8 (f) 
(2] (i-iii) and ]5 NCAC 2H 
.0')05, including identification~ of 
all industrial users and the 
cTTaracter and .imount "oT 
pollutants contributed to the 
IHJ rw by these indJjsTrial users; 

(2) technical information 



XORTH CAROLINA REGISTER 



77 



PROPOSED RULES 



(including specific data required 
Xo^ specify violations "oT the 
discharge prohibitions in 4 (J 
CFR 403.5(a) and (b) and 15 
NCAC 2H .0909) necessar>- to 
develop an industrial waste 
ordinance or other means of 
enforcing prctreatmcnt 

standards; 

(3) specifiFPOTW effluent 
limitations tor prohibited 
poUutants (as dcfmcd in 40 
CFR 403.5(a) and (b) and 15 
NCAC 2H .0909) contnbutcd 
to the POrW bv industnal 
users and the technical basis for 
these limitations. 

(4) the design of a monitoring 
program v\hich will implement 
the requirements of 40 CFR 
403.8(f) and 403.12, and 15 
NCAC 2H .0905 and .0908: 

(5) a list of monitorm g 
equipment required by the 
I'OrW to implement the 
pretreatment program and a 
descnption ot municipal 
facilities ~to be constructed for 
monitoring and analys-., "of 
industrial waste; 

(6) procedures for approsmg 

the construction of pretreatment 
Facilities bv industrial users and 
for permitting industiTal users 
for construction, operation and 
discharge as required by NCOS 
143-215.1; procedures lor 
approving construction shall 
include: 

(A) having a professional 
engineer, Ecensed to practice 
in this state, on the POTW 
stafT (or retained as a 
consultant) to re\ie\\ unusual 
situations or designs and or; 

(B) having such situations 
referred to the di\ision for 
review and approval; 

(7) an enforcement management 
strategy for identifying 
violations of and enlorcing 
specihc local limits as required 
by and specilied in 4(1 CFR 
403.5 and 403.6 and \S NCAC 
211 .09(Wand .0910; and 

(8) a request tor pretreatment 
program approNal as required 
bv 40 CFR 403.9 and \S 
NCAC 2H .0900. 

(c) The POTW must submit three 



bound copies of the program 
containing the information in 
.0906(a) and (b) above to the 
Division of Environmental 

Management. 

Statutory Authority G.S. 1 43-2 1 5. 1 
(a) (b): 143-215.3 (a) (I) (14). 

.0907 PROGRAM APPROVAL 

PROCEDURES; REVI£;ON AND 
WITHDRAWAL 

(^ 33)6 approval procedure s &»r 
POTW pretreatment programs 
promulgated bv tb« Environmental 
Protection Agency and codified a» 40 
CER Part 4 03 . 11 ate hereby adopted 
bv reference as amended through 
Mav4,4a§4. 

(^ Upon approval , the POTW is 
delegated tb« authority ta issue 
permits required h^ G . S . 
1 4 3-215 . 1(a) iof^ those pretreatment 
facilities discharging ot- proposing t& 
discharge te- th« POTW . 

(a) Procedures for approval of 
a POTW pretreatment program are 
as foUows: 

(1) The approval procedures for 
POTW pretreatment programs 
promulgated by the 

Environmental Protection 

Agencv and codified as 40 CFR 
Part 403.11 
by reference 



are hereby adopted 
as amended 

1987. 



through March j 

(2) Upon approval, a POTW is 
delegated, subject to the 
provisions of .0916 and .0917, 
the authority to issue the 
construction, operation and 
discharge permits required by 
G.S. 143-215.1(a) for those 
Siffliificant Industrial Users 
discharging or proposing to 
discharge to the POTW 
(b) Either the division or the 
POTW may initiate program 
revisions. Ihe POTW shall keep 



the division fully informed of any 

proposed modifications to its 

approved pretreatment program, its 

legal authority, its forms, procedures 

and priorities. Revisions to an 

approved pretreatment program shall 

be accomplished as follows: 

{h the PO rW shaU submit a 

moditied program description, 

an attorney's statement if the 

legal authority of the program is 

beine modified, and other 



78 



\ORTH CAROUSA REGISTER 



PROPOSED RULES 



documents as the director 
determines to be necessary 
under tlie circumstances; 
(2) whenever the director 

determines " that tHc proposed 
program modiTications are 
substantial, the division shall 
issue puSEc notice and provide 
an opportunity for pubbc 
comment as described in 15 
NCAC 2H .0109 and .0110: 



(3) the director or his delegate 
shall approve or disapprove 
program revisions based on the 
requirements oT~ this Section; 
NCOS 143-215.1, NCOS 
143-215.3 and t_he Water 
Quality Memorandum or 
Agreement between the division 
and the EPA; 

(4) a pretreatment program 
revision shall become effective 
upon written approval of the 
director. 

^ Revision to the POTW's 
Significant IndustnaJ Users list shall 
be made usmg the procedure 
outlined in .Q907(d) above and shall 
include documentation which shows: 

(1) the industrial user does 

not fit the cnteria outlined in 
.09Q3(b)(9)(A) through (D) and; 

(2) the mdustrial user no 

longer discharges nondomestic 
wastewater to the I'OTW, or; 

(3) the indu.stTTal user 
discHarges wastewater with 
pollutant" " levels which are 
consistently less than or equal 
to the levels associates with 
domestic sewage, or; 

(4) the mdustrial user 
discharges wastewater which is 
consistently below pretreatment 
standards and the wastewater 
treatment plant rcceivmg the 
discharge has a reserve capacity 
for ail pollutants reasonably 
expected to be m the industrial 
user's discharge. 

(d) The director may withdraw 
pretreatment program approval 
when a I'D IVV no lonuer complies 
with the requirements of ifiis Section 

^iTie I'orw fi^Tis to nn^ 

corrective action. The loIlo\Ning 
procedures apply when the director 
determmes that program withdrawal 
may be needed: 

( 1) the director shall gi\e 



tjie POrW 180 daj^s notice of 
the program withdrawal; 
(7) the POIW shall submit 

witHIri~6() days of such ' notice a 
plan for the orderly transfer o7 
all relevant program information 
not in the possession of the 
division (such as permit files, 
compliance files, reports and 
permit applications") which is 
necessary for t^ division to 
administer the pretreatment 
program; 

(3) within " 60 days of the 
receipt oT~the POTW transfer 
plan the director shall evaluate 
the POIW plan and shall 
identily any additional 
information needed by the 
division lor program 
administration and/or identify 
any other deficiencies m the 
plan; 

(4) at least 30 days before 

the program withdrawal the 
director shall publish pubEc 
notice of the program transfer 
and shall mail notice to aU 
pretreatment permit holders oT 
the POTW. 



Statutory Authority G.S. 143-215 
(a); 143-215.1 (a) (c); 143-215.3 
(a) (3) (14) (e). 

.0908 KKPORTING RKQUIHtMKMS 
rOR POTWS AM) INDUSTRIAL 
USERS 

(a) The regulations covering the 
reporting requirements for POl Ws 
and industrial users promulgated by 
the Environmental Protection 
Agency and codified as 40 CFR Part 
403.12 are hereby adopted by 
reference as amended through May 
i^X^U, March 1, 1987. 

(b) POTWs with approved 
pretreatment programs shall submit 
twice per year a pretreatment report 
describing its pretreatment activities 
over the previous six months. Two 
copies of each " pretreatment report 
shall be submitted according to the 
following schedulF; a report shall " Fe 
sui')milted to Uie division by August 
J^ o[ each year describing 
pretreatment acti\ities for January j^ 
through June 30 of that year, and a 
like report shall be submitted by 
February \_ of each year for activities 
conducted Trom July \_ through 



i\ORTH CAROU.\A REGISTER 



79 



PROPOSED RULES 



[December 31 of the previous year. 
These reports shall contain the 
foUowins information: 

( 1) a narrative summary of 
actions taken by the permittee 
to ensure compliance with 
pretreatment requirements; 

(2) a List ol any substantive 
changes to be made in the 
approved program; 

(3) a compliance status 
summary of aU Significant 
Industrial Users; 

(4) a list of those Significant 
Industrial Users in significant 
violation of pretreatment 
requirements, the nature of the 
violations, and actions taken or 

correct the 



proposed 
violations; 



to 



(5) sampling and analytical 

results recorded on forms 
approved by the director. 

(c) Samples shall be collected 
and anal\zed by the PO IW staff 
independent of the industry lor each 
Signilicant Industnal l.ser a 
minimum of twice each ' ear, once 
durmg each six mon .i rcportmg 
penod in (b]_ above. 

fd) For the purpose of indicating 
the nature and concentration of the 
mdustries discharges in the baseline 
reports, deadline compliance reports 
and periodic compliance reports 
required by .0908 above the 
following shall apply: 

(1) analyses shall be completed 
on all pollutants winch are 
limited by the categorical 
standard unless the categorical 
standard contains specilic 
certification procedures for 
specific pollutants; 

(2) compliance with a monthly 
average limitation shall be 
shown every six months by the 
analysis ot a suflicient amount 
ot samples to be representative 
o? the industry's monthly 
discharge; this shall include a 
minimum of tour samples. 

(e) POrWs and Industnal Users 
shall re tarn lor a minimum of tliree 
\ears records of monitoring acti\ities 
and results along with 
inlormation including 



support 
general 



records, water qualit\ records, and 
records of industrial impact on the 
I'O I W. Support inlormation for 



pretreatment permits shall be 
retained for five years. 

Statutory Authority G.S. 

143-215. 1(a)(b); 143-215.2; 

143-2l5.3(a)(2)(l4): 
l43-215.6(a)(l); 143-215.63. 

.0909 NATIONAL PRETREAT.MENT 
STANDARDS: PROHIBITED 
DISCHARGES 

Tlic regulation^ covering national 
prohibitive pretreatment standards 
promulgated by the Environmental 
Protection Agency and codified as 40 
CFR Part 403.5 are hereby adopted 
by reference as amended through 
May4^19&4, March 1, 1987. 

Statutory Authority G.S. 

143-215. 1 (a) ( 7); 143-21 5.1 (b): 

l43-2l5.3(a)(l), (14). 

.0910 NATIONAL PRETREAT.MENT 
STANDARDS: CATEGORICAL 
STANDARDS 

The regulations covering national 
categorical pretreatment standards 
promulgated by the Environmental 
Protection Agency and codified as 40 
CFR Part 403.6 are hereby adopted 
bv reference as amended through 
May4.43S4, .March 1, 1987. 

Statutory Authority G.S. 

143-215. 1(a)(7j; 143-21 5.1 (b) : 

143-215.3(a)(14). 

.0911 REVISION TO REFLECT 
POTW REMOVAL OF 
POLLUTANT (REPEALED) 

Statutory Authority G.S. 413-215.1 
(a), (b); 143-215.3 (a) (14). 

.0912 ADJUSTMENTS FOR 
FUNDA.MENTALLY 
DIFFERENT FACTORS 

The regulations covering variances 
from categorical pretreatment 
standards for fundamentally different 
factors promulgated by the 
Environmental Protection Agency 
and codified as 40 CFR 403.13 are 
hereby adopted by reference as 
amended through Mav -U -1-9&4., 
March 1. 1987. 

Statutory Authority G.S. 143-215 
(a); 143-215.1 (a), (b); 143-215.3 
(a), (14). (e). 

.0913 PUBLIC ACCESS TO 



80 



\ORTH CAROLINA REGISTER 



PROPOSED RULES 



IMORMATION 

Information and data provided by 
an industrial user to the director 
pursuant to this Section, identifying 
the nature and frequency of a 
discharge, shall be available to the 
public without restriction. All other 
information which may be so 
submitted or which may be 
furnished by an industrial user to the 
POTW director in connection with 
required periodic reports shall also 
be available to the public unless the 
industrial user or other interested 
person specifically identifies the 
information as confidential upon 
submissiorT and is aFle to 
demonstrate to the satisfaction of the 
['OTW director »f his authori^tcd 
representative that the disclosure of 
such information or a particular part 
thereof to the general public would 
divulge methods or processes entitled 
to protection as trade secrets. Any 
reque s t iot- confidential treatment ^ 
informati oa a»4 f»r acce ss ta sucb 
informati «a shall be governed by 
procedure s s pecified m 40 CFR JRart. 



Statutory Authority G.S. 143-21 5.1 
(a), (b), (c); 143-215.3 (a) (3); 
132. 

.0914 UPSET PROVISION 

The upset provision promulgated 
by the Environmental Protection 
Agency and codified as 40 CFR Part 
403.16 is hereby adopted by 
reference as amended through M*y 
X^XQU, March 1, 1987. 

Statutory Authority G.S. 143-215.3 
(a) (I); 143-215.3 (a) (14). 

.0915 NET/GROSS CALCULATION 

The net/gross calculation provisions 
promulgated by the Environmental 
Protection Agency and codified as 40 
CFR Part 403.15 are hereby adopted 
by reference as amended through 
MayJU-lSSO. March 1, 1987. 

Statutory Authority G.S. 

l43-2l5.3(a)(l); l43-2l5.3(a)( 14). 

.0916 PERMITS 

(a) All Significant Industrial 
Users who discharge waste into a 
POl W or who construct or operate 



a pretrcatmcnt facility must obtain a 
permit from the Control Authority. 

(b) Where the division is the 
Control Authority permits shall be 
issued in accordance with .0100 of 
this Section. 

(c) Where the POTW is the 
Control Authority, permits shall be 
issued as follows: 

(1) Application: any Significant 
Industrial User required to 
obtain a permit in .0916(a) 
above shall be required to 
complete, sign and submit to 
the Control Authority a permit 
application. Application fees 
and procedures may be 
prescribed by the Control 
Authority. All pretrcatmcnt 
permit applications shall include 
as a minimum: 

(A) name of industry; 

(B) address of facility; 

(C) standard industrial 
classification (SIC) code(s) or 
expected classification and 
industry category; 

(D) wastewater flow; 

(E) types and concentrations 
(or mass) of pollutants 
contained in the discharge; 

(F) major products 
manufactured or services 
supplied; 

(G) description of existing 
on-site pretrcatmcnt facilities 
and practices; 

(H) locations of discharge 

points; 
(I) raw materials used 

or stored at the site; 
(J) flow diagram or sewer map 

for the industry; 
(K) number of employees; 
(L) operation and production 

schedules. 

(2) Renewals: Applications for 
pretrcatmcnt permit renewals 
shall be accomplished by filing 
an appropriate application form 
as listed in .0916 (c) (1) prior to 
permit expiration. The number 
of days prior to expiration by 
which the application must be 
fJcd shall be established by the 
Control Authority. 

(3) Review and Evaluation: 
(A) The POTW Director is 

authorized to accept 

;ipplications for the 



SORTII C.IROI.IXA RECISTER 



HI 



PROPOSED RULES 



commission and shall refer all 
applications to the POTW 
staff for review and 
evaluation. 

(B) The POTW Director shaU 
acknowledge receipt of a 
complete application, or if 
not complete, shall return the 
application to the applicant 
with a statement of what 
additional information is 
required. 

(C) The POTW staff shall 
include as part of the permit 
record documentation of an 
on site inspection of the 
industrial facility and any 
existing wastewater 
pretreatment system. Such 
inspection shall have been 
conducted a maximum of 12 
months prior to the issue date 
of the pretreatment permit. 

(D) The POTW staff shall 
conduct an evaluation and 
make a tentative 
determination to issue or 
deny the permit. If the 
POTW staff's tentative 
determination is to issue the 
permit, it shall make the 
following additional 
determinations in writing; 

(i) proposed etffuent 

limitations for those 
pollutants proposed to be 
limited; 
(ii) a proposed schedule of 
comphance, including 

interim dates and 

requirements, for meeting 
the proposed etffuent 
limitations; and 
(iii) a brief descnption of 
any other proposed special 
conditions which will have 
significant impact upon the 
discharge described in the 
apphcation. 
The POTW staff shaU 
organize the determinations 
made into a pretreatment 
permit. 
(4) Pennit s> nopsis; A bnef 
synopsis of the application and 
pennit shall be prepared bv the 
PO TW staff for aU Significant 
Industrial User permits. ITiis 
synopsis shall be sent to the 
division along with the 



pretreatment permit. The 

contents of the synopsis shall 
include at least the following 
information; 

(A) a quantitative 
description of the discharge 
described in the application 
which includes at least the 
following; 

(i) the rate or frequency 
of the proposed discharge; 
if the discharge is 
continuous, the average 
daily flow; 

(li) the average daily 

discharge in pounds per 
day of any pollutants which 
are present in significant 
quantities or which are 
subject to limitations or 
prohibition. 

(B) the basis for the 
pretreatment limitations 
including the documentation 
of any calculations used in 
applying categorical 
pretreatment standards. 

(5) Hearings; 

(A) Adjudicatory Hearings. 

An appUcant whose permit is 
denied, or is granted subject 
to conditions he deems 
unacceptable, shall have the 
right to an adjudicator)' 
hearing before the POTW 
Director or a hearing officer 
appointed by the POTW 
Director upon making written 
demand, identifying the 
specific issues to be 
contended, to the POTW 
Director within 30 days 
following notice of fmal 
decision to deny or grant the 
permit. Unless such demand 
is made, the decision on the 
apphcation shall be fmal and 
bmding. 

(B) Appeal Hearings. Any 
decision of a hearing officer 
made as a result of an 
adjudicatory hearing held 
under .0916(c)(5)(.A) above 
ma\ be appealed by any 
party, to the governing body 
of the Control Authority 
upon filing a written demand 
within 10 days of receipt of 
notice of the decision. 

(C) Hearings held under this 



82 



SORTH CAROLISA REGISTER 



PROPOSED RULES 



subdivision shall be 

conducted using procedure 
prescribed by the Control 
Authority. 

(6) Final Action on Permit 
Applications: 

(A) The POTW Director shaU 
take final action on all 
applications by either issuing 
a pretreatment permit or by 
denying the discharge not 
later than 90 days following 
the receipt of a complete 
application. If, following the 
30 day period required by 
.0916(c)(5)(A) and .0917(b) of 
this Regulation, no objection 
has been made the permit 
shall become final and 
binding. 

(B) The POTW Director is 
authorized to: 

(i) issue a permit 

containing such conditions 
as are necessary to 
effectuate the purposes of 
G.S. 143-215.1; 

(ii) issue a permit 

containing time schedules 
for achieving comphance 
with applicable 

pretreatment standards and 
limitations and other legally 
applicable requirements; 

(ui) modify or revoke any 
permit pursuant to 

.0916(c)(7); 

(iv) deny a permit 
application. 

(C) Pcnnits shall be issued or 
renewed for a period of time 
deemed reasonable by the 
POTW Director but in no 
case shall the period exceed 
five years. 

(D) The POTW Director shaU 
notify an applicant by 
certified or registered mail of 
the denial of his permit 
application. Notifications of 
denial shall specify the 
reasons therefore and the 
proposed changes which in 
the opinion of the POTW 
Director will be required to 
obtain the permit. 

(7) Modification and 
Revocation of Permits: 
(A) Any permit issued 



pursuant to this Regulation is 
subject to revocation or 
modification in whole or part 
for good cause as outlined in 
the Control Authority's sewer 
use regulations. 
(B) Modifications of permits 
shall be subject to the same 
procedural requirements as 
the issuance of permits except 
as follows: 

(i) changes in the ownership 
of the discharge when no 
other change in the permit 
is indicated; 
(ii) a single modification of 
any compliance schedule 
not in excess of four 
months; 
(iii) modification of 

compliance schedules 

(construction schedules) in 
permits for new sources 
where the new source will 
not begin to discharge until 
control facilities are 
operational. 

Statutory Authority G.S. l43-2l5(a): 
143-2 1 5.1 (a) (c); 1 43-2 1 5.3 (a) 
(3). (14) (e). 

.0917 PRETREATMENT PERMIT 
REVIEW 

(a) Each POTW shaU transmit to 
the division: 

(1) Notice of actions taken by 
the POTW to the consideration 
of any permit application 
including a copy of each 
pretreatment pennit and any 
conditions, requirements or 
documents which are related to 
the pretreatment permit; 

(2) A synopsis of the permit. 

(b) The division shall have 30 
days from the receipt of pretreatment 
permits in which to make general 
comments upon, objections to or 
recommendations with respect to the 
permit. Unless such an objection is 
made the permit shall be fmal and 
binding. 

(c) Within 30 days of the 

receipt of a pretreatment permit to 
which the director has objected the 
staff shall set forth in writing and 
transmit to the control authority: 
( 1 ) A statement of the 



NORTH CAROLINA REGISTER 



83 



PROPOSED RILES 



reasons for the objection, 
including the regulations that 
support the objection and; 
(2) The actions which must 

be taken by the control 
authority to eliminate the 
objection including the effluent 
limitations and conditions 
which the permit would include 
if it were issued by DEM. 

(d) The director's objection to 

the issuance of a pretrcatmcnt permit 
must be based upon one or more of 
the following grounds: 

(1) the permit fails to apply 

or to ensure compliance with 
any applicable requirement of 
this Section; 

(2) the procedures followed 

in connection with formulation 
of the pretrcatmcnt permit failed 
to comply with the procedures 
required by State Statute or by 
the POTW's approved 

pretrcatmcnt program; 

(3) a finding made by the 
control authority in connection 
with the pretrcatmcnt permit 
which misinterp-jts any 
categorical pretrcatmcnt 
standard or pretrcatmcnt 
regulation or misapphes them to 
the facts; 

(4) the provisions of the 
pretrcatmcnt permit relating to 
the maintenance of records, 
monitoring or sampling by the 
permittee are, in the judgement 
of the director, inadequate to 
assure comphance with permit 
conditions or apphcable 
pretrcatmcnt standards. 

(e) Prior to notifying the I'OTW 
of and objection the director: 

(1) shall consider all data 
transmitted pursuant to .0916; 

(2) may, if more information 

is needed to determine whether 
the preliminary permit is 
adequate, request the PO TW to 
make available to the staff the 
complete record of permit 
proceedings, or any portions of 
the record that the director 
determines are necessary for 
review. If this request is made 
within 30 days of the state's 
receipt of the preliminary permit 
under .0916 it shall constitute 
an interim objection to the 



issuance of the permit and the 
full 30 day review period in 
.0917(b) above shall 

recommence when the staff has 
obtained such record or 
portions of the record; and 
(3) may, in his discretion and 
to the extent feasible within the 
period of time available, afford 
interested persons the 

opportunity to comment on the 
basis for the objection, 
(f) If within 60 days of the 
receipt of the director's objection the 
POTW does not resubmit a permit 
revised to meet the director's 
objection, the director may issue the 
permit in accordance with 15 NCAC 
2H .0100. Exclusive authority to 
issue the permit required by NCOS 
143-2 15. 1(a) passes to the division 
when this time expires. 

Statutory Authority G.S. 143-21 5(a); 
143-21 5.1 (a) (c); 143-215.3 (a) 
(3). (14) (e). 

Notice is hereby given in accordance 
with G.S. 1508-12 that the Marine 
Fisheries Commission intends to 
adopt and amend regulations cited as 
15 NCAC 3B .0102 (b); .0105 (b) 
(c) (g); .0304 (4) (5); .0305 (5); 
.0306 (b): .0308 (2); .0404 (5); 
.0501; and .0503; .0504; .0701 (a) 
(c) (e); .0801 (b); .0901 (a) (c); 
.0905: and .1002 (a); .1101; .1109 
(b) (c); .1111; .1404; .1405; .1408; 
.1502 (a); and .1601; .1602; .1603; 
.1604; .1605. 

The proposed effective date of this 
action is August 1 , 1987. 

The public hearing will be conducted 
at 7:30 p.m. on May 18, 19, 20. 21, 
26. 27, 28; June 1, 1987. May 18 - 
Halleras, Civic Center; May 19 - 
Manteo. Marine Resource Center; 
May 20 - Washington. District 
Courthouse; May 21 - Morehead, 
Carteret Technical College; May 26 - 
Wilmington, New Hanover County 
Courthouse: May 27 - Raleigh 
McKimrnon Center; May 28 
Winston-Salem, Agriculture Ext. 
Center; June 1 - Plymouth, 
Washington County Courthouse. 
Business Session - June 16, 1987 - 
CP&L, Southport - 10AM. 



84 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



cstuanne resources, 



Comment Procedures: Comments 
and statements, both written and 
oral, may be presented at the 
hearings. Written comments are 
encouraged and may be submitted to 
the Marine Fisheries Commission. P. 
O. Box 769, Morehead City, N.C 
28557. These written and oral 
comments must be received no later 
than June 2, 1987. 

CHAPTER 3 -MARINE FISHERIES 

SUBCHAPTER 3B - FISHERIES 
REGULATIONS FOR 
COASTAL WATERS 

SECTION .0100 - GENERAL 
REGULATIONS 

.0102 DEFINITIONS 

(b) 
(1) 

(F) Cast Nets. 

(1 1) Toothed Dredt;e - a 

device towed~~by engine power 
consisting of a irame, tooth bar 
and catchbag used in oyster, 
clam or crab fisheries. 

(12) Mechanical methods for 
clamming - includes, but not 
limited to, toothed dredges, 
hydraulic clam dredges, stick 
rakes and other rakes when 
towed by engine power, patent 
tongs, kicking with propellers 
and/or deflector plates with or 
without trawls, and any other 
method that utilizes mechanical 
or hydrauhc power to harvest 
clams. 

(13) Depuration -_ mechanical 
purification or the removal of 
adulteration from live oysters, 
clams, and mussels by any 
artificially controUed means. 

Statutory Authority G.S. 113-134; 
143B-286. 

.0105 LEGAL SIZES AND CREEL 
LIMITS 

(b) 
(2) X» pcT s on s hall n shall be 
unlavvful to take, attempt to 
take, harm, possess, or retain in 
possession channel bass less 
than 44 28 inches in length. 
(4) The secretary, acting upon 
the advice of the director, based 
reasonable and prudent 
marine and 



Specify quantity 
Specify means /method 



proclamation, unpose any or all 
of the following restrictions on 
the taking of channel bass m 
addition to those speciTied in Q| 
(2) and (3) above: 

(A) Specify areas 

(B) Specify seasons 

to ■ 

121 ^_ 

(E) Specify size. 
(«) ^W person s hall keep aay 
channel b;i»s weighing 20 pounds Of- 
jj ^Qj"^ Qj ^ Q\^ g ^ tn p^Q ^ ^gc t aken bv 

Hanover County . AU channel ba»» 
weighing 20 pounds or more , and 

^ mvf g^ l ^pgjj ^|^^ ^gg Ky |ti ^ ^jcg Qt * y igig QT - 

seines ia New Hanover County , 
sh all be retu r ned to the water ah\^e. 
(g) Na per s on of- per s on s may 
It shall be unlawful to possess 
aboard or~ran3 from a vessel, or 
combination of vessels that form a 
single operation, more than 3,500 
pounds of Spanish or king mackeral, 
in the aggregate, in any one day. 
The secretary, acting upon the 
advice of the director, based upon 
reasonable and prudent management 
of marme and cstuarine resources, 
may bv proclamation, impose any or 
all of the foUowing ' restrictions on 
the taking of Spanish and/or King 
Mackeral: 



01 

(21 
131 



Specify 



Specify seasons 
^^ Specify quantity 

(4) Specify means/method 

(5) Specify size. 
/Vny proclamation prepared 

under this authority must 

approved by the Marine Fisheries 
Commission prior to issuance. 



be 



upon 
management of 



Statutory Authority G.S. 113-134; 
113-182: 1438-286. 

SECTION .0300 - NET REGULATIONS: 
GENERAL 

.0304 GILL NETS 

(4) March I llirouah October 31 

in the Intracoastal Waterway 
within 150 y:irds of any railroad 
or highwaN' bridge cro s sing the 
Intracoastal Watcnva>' i except uo- 
x \Q\ g or ftei stakes ff^3\' pg yg^^q 
within 4-SO yards of . ^ Uligator 
Ri\cr Bridge at any time . 

(5) Marking and identification 



SORTH CAROU.\A REGISTER 



85 



PROPOSED RULES 



requirements are as follows: 

(a) In coastal fishing waters, 
unless such net is marked by 
attaching to it at each end two 
(2) yellow, floating buoys which 
shall be of solid foam or other 
solid buoyant material no less 
than five inches in diameter and 
no less than five inches in 
length. I'hc owner shall always 
be identified on a buoy on each 
end either by using engraved 
buoys or by attaching mct;U or 
plastic tags to the buoys. Such 
identification shall include one 
of the following: 

(i) owner's N.C. motor boat 
registration number, or 

(ii) owner's U.S. vessel 
documentation name, or 

(iii) owner's last name and 
initials. 

(b) In internal coastal fishing 
waters, a single buoy, yellow in 
color, of solid foam, or other 
soUd buoyant material no less 
than five inches in diameter and 
no less than five inches in 
length, with identification as 
described in (a) of this Rule, 
shall be attached to each end of 
all other giU nets in attached net 
sets with more than one net. 
AU other marldng buoys q^ ^ 
n gt s shall j Iso be of the S3 n ic 
material , io^ a»d color as 
herein de s cribed . 



thread herring may be taken at any 
time by use of a purse seines from 
beyond one mile of shore in the 
Atlantic Ocean and menhaden and 
Atlantic thread herring taken in that 
area may be transported to port for 
processing except as provided in (c) 
and (d) of this Rule. 

Statutory Authority G.S. 113-134; 
113-182; I43B-268. 

.0308 POU.N'D NETS 

(2) It shall be unlawful for any 
persons or persons to use a 
pound ef Mm net without 
registering such net with the 
North Carolina Division of 
Marine Fisheries prior to 
installation which includes setting 
stakes. Stakes will be considered 
as part of a set. Such 

registration wiU expire 365 days 
after registration. Failure to 
re-register each set or the 
abandonment thereof without 
removing all stakes shall 
constitute a violation and be 
grounds for refusal of other 
registrations or re-registrations. 
Failure to use a registered set 
within sixty days of registration 
shall constitute a violation and 
be grounds for refusal of other 
registrations or re-registrations 
and for revocation of other 
registrations. 



Statutory Authority G.S. 113-134; 
113-182; 143B-286. 



Statutory Authority G.S. 113-134; 
113-182; 143B-286. 



.0305 TRAWL .NETS 

(^ la Croatan Sound from 
December 4- through March 3-U 

Statutory Authority G.S. 113-134: 
113-182; 143B-286. 

.0306 PURSE SEINES AND NETS 

(b) It shall he unlawful to take or 
attempt to take menhaden or 
Atlantic thread herring by use of a 
purse seine or to possess menhaden 
or Atlantic thread herring taken by 
use of a purse seines except during 
the open fishing season which shall 
be from May 14 through January 15 
except that the season in Core 
Sound will be open from April \_ 
throueh Mav 15 for bait iishina 



SECTION .0400 - NET REGULATIONS: 
SPECIFIC 

.0404 CURRITUCK SOUND AND 
ITS TRIBUTARIES 

(5) From October 1 through 

December 31, no gill net shall be 
used which has a mesh length 
less then three and one-half 
inches not set within 300 yards of 
the shoreline, except all nets 
with a mesh length 5 " and greater 
and attended giir nets as 
described in (4) above. 

Statutory .iuthority G.S. 113-134; 
113-182; 143B-286. 

SECTION .0500 - OTHER FISHl.NG 
DEVICES 



only. 



Menhaden and Atlantic 



86 



\ORTH CAROLINA REGISTER 



PROPOSED RULES 



.0501 TOOTHED DREDGKS 

(a) Na per s on niM It shall be 
unlawful to use any toothc3~ Qy^tci: 
er clam cJredge weighing more than 
100 pounds or between the hours of 
sunset and suruise. in any of the 
coastal fishing waters of the state. 

(b) Na person s hall It shall be 
unlawful to use or possess on board 
a vessel any toothed oy s ter ot dam 
dredge fitted with rings capable of 
holding additional weights or any 
dredge so fitted in any manner that it 
is capable of being easily modified to 
increase the weight of the dredge. 

(«) No person shall u^ any 
oyster of clam dredge ; 

/jA \j\ P ^mhco Sou nd, w'l thin 
the area bounded b^ a Une 
beginning at a point q» Hm 

5S' 501 N 36i 09: IX W^ th ence 
292° (M) 5,400 ya rdti t« a poi nt 
400 yard s in a northe as t 
direction from Deacon t4- 4 see 

Wi tbeace 440^ (^ thieugh 
Beacon ^ A me- i4 (U '-^^ to 
Beacon ti R 4 sec 44 fu '-IX^ 
thence M^ P44 to Beacon Ul 4 
sce44£u 'iIL" j thence 42^ (A4^ 
p_^ fni l(^g to a pgi jit in t he 
mouth of Wallace channel i^ 
Q71 04^ N 26^ 06^ 5.^ W; 
thence 264- (M) 4,05 mile* to 
Beacon E4 4 see 44 ft, (known 
as Nine Feet Shoal Beacon) ; 
thence 428^ (M^ ^,2 miles to 
Ocracoke Lighthou s e; thence 
s outhwest with the beach to the 
point of beginning ; 
( 2) 4n C jore Sou nd and its 

tributaries , s outhwe s t of a bne 
beginning at a point on the 
north side of Swa s h Inlet ^4^ 
5&: 50^ X 26^ iM- iX Wy and 
running 292^ ^4) to a point off 
Hog Island Reef 35^ OO: 04: N 
261 44: 5X W, except that 
regular oy s ter dredge s may be 

USCQ to I hKC cIhIDS m 

accordance with 45 NCAC ^ 
,0904 (^ 

(J^ On any posted bottoms upon 
which oyster s of s hell s have 
been planted by the state , unle s s 
such bottoms have been opened 
to the public and dredgeing 
permitted ; 

{4^ In Currituck County ; 



(5^ in any of the following areas 
and their tributaries ; Back &»^ 
at 44og Islandr North Bayr the 
Strait s; Back Sound , North 
Riv e r , Ncwfport River , Bogue 
Sound , White Oak River, New 
River , Lockwood s FcUy River, 
Shallottc River , and Saucep an 
Creek (Brunswick county) 
except on private bottom by 
pe rmit ; 

(6) In primary nur s er)f areas as 
described in 45 NCAC ^ 
4405, 

(c) It shall be unlawful to use 
more than one toothed " Hiredge per 
vessel to take oysters or crabs. 

(q\ Stick ri jl-cs shall be 
con s idered dredges when towed by 
en^^ne power ; however , sueb rakes 
may he u s ed in the prohibited a re as 
listed in Sub s ection (e) (-5^ of this 
Rule prov i ded ; 

(44 44te atea has been de s ignated 
foi: its use under the provi s ion s 
of 45 NCAC m ,0904 (b) ; and 
( 2) '^bat su c h r akes ai-e us ed 

to take clam s only ; and 
^3) ^'q ni orc than one r ake is 

^^;( ^ ^j P^j- boa t ', and 
(." jA rK^t such r akes do not 
exceed 45 inche s in width , 
(e) th^ s ecretary acting upon 
the advice of the director may 
prohibit the use of any oyster et- 
chun dredge within the following 
described areas of any portion 
t[ igfgQj based upon t he need to 
protect an consen'e the fi s her)' 
resouec s in s uch arc s; 

(d) It shall be unlawful to use a 
toothed dredge to take oysters: 

( [) In PamUco Sound, within 
the area bounded by a line 
beginnmg at a point on the 
north side of Swash Inlet 34° 
58' 50" N - 76° 09' 13" W; 
thence running 272° (M) 5,420 
yards to a point in Wainwright 
Channel 3£ 59; 3(r N ^ 76° ^ 
W immediately cast of the 
tiQ of Wainwrigjrt 
Island; thence 019° {\U 2,000 



2r 

northern 



yards to red 4 second interval 
flashing beacon "2CS 



i^\i;_\T_ 

M) 2,900 yards 



_ 35^ 00; 
W; thence 



262 N 

033° (\1) 2,900 yards t_o 4 
second mterval flashing beacon 
"HL" 35^ or 352 N : 76^ U; 
272 W; thence 043° (M) 14,450 



NORTH C A ROUS' A REGISTER 



87 



PROPOSED RULES 



yards to a point in Pamlico 
Sound 35° or 06" N ; 76^ (W 
W; from which point green 
secoliH mtervai Hashing 



5£ 

4 

Beacon 
bears 



"3" 
005° 



on 

(M) 



Royal Shoal 

6,000 yards; 

green 6 second interval flashing 
beacon "5" on Royal Shoal 
bears 325° (M) 6,220 yards; and 
a yellow 6 second interval 
flashing beacon on Royal Shoal 
bears 257° (M) 3,000 yards; 
thence 078° (M) 7,800 yards to 
2.5 second mtervai 



green z.3 
flashing bca 



ashing beacon "9" 35° 08' 26" 
N - 76° 02; 3(r win Nmc loot 
Sho;tR:hannel; lEcnce 067° (M) 
3,640 yards to red 4 second 
mtervai flashing beacon "14BH" 
35° 09' 21" N - 76° 00' 39" W m 
big Foot Slough Channel; 



thence 078° (Mj 26,260 yards t_o 
a quick-flashing beacon 35° 14' 

or N : 75° 4y 50;; W; 

southwest of Oliver ReeT^ 
thence 033° (M) 6,100 yards t_o 
2.5 second interval flashing 
beacon "1" 35° 16' 46" N - 75' 
W 



±£ 16" 
Channel: 



in RoLlmson 



thence 079° (M) 

13,920 yards to red 4 second 
interval flashing beacon "2" 35° 

j9;orN-75^36;29:win 

Cape Channel; thence 139° (M) 
8,340 yards to a pomt on the 
shoreline of Hattcras Islan3~ncar 
Buxton 35^ j6; 28^ N : 7£ 32; 
20" \V; thence southwest with 
the shoreline of Hatteras Island 

to a pomt 35^ n_; 302 N : 75;; 

44' 48^ W on the southwest end 
oT Hatteras Island; thence 269° 
(M) 2,380 yards across Hattcras 
Inlet to a pomt 35° LT 18" N - 
75^ 46' ]_52 W on t_hc northeast 
end 2r Ocracokc Island; thence 
southwest with the shoreline of 
Ocracoke Island to a point 35° 
03;5£N:76200;5£Won 
the southwest end of Ocracokc 
Island; thence 268° (M) 2.220 
yards across Ocracokc Inlet to a 
pomt 35_ 03; 42_; N - 76;; 02' 
15" W on the northeast cnd ~or 
Portsmouth 



runnmg 
shoreline 
and Core 
the north 



Island; thence 

southwest with the 
of Portsmouth Island 



Banks to a point on 
side oJ^Swash Inlet 



3£ 58; 50;; N - 76° 09; b;; w, 

to the point of the beginnmg; 

(2) In Core Sound and its 
tributanes, southwest of a line 
beginning" at a pomt on the 
north side of Swash Inlet .34° 

58;5rN:76209;n;;w,and 

running 292° (M) to a point off 
Hog Island Reef 35° 00' 06" N - 

76^ h; 5r w, 

(3) On any p osted bottoms 
upon which oysters or shells 
have been planted by the state, 
unless such bottoms have been 
opened to the public and 
dredging permitted; 

(4) In Currituck County; 

(5) In any of the following areas 
an3~ their triEutaries: Back Bay 
at Hog Island, North Bay, the 
Straits, Back Sound, North 
River, Newport River, Bogue 
Sound, White Oak River, New 
River, Lockwoods Folly River, 
Shallotte River, and Saucepan 
Creek (Brunswick County), 
except on pnvate bottom by 
permit; 

Statutory Authority G.S. 113-134; 
113-182; I43B-286. 

.0503 LEAVI.NG DEVICES 
UNATTENDED 

It shall be unlawful for anyone to 
leave stakes, anchors, nets, pots, 
buoys, or floating devices in any 
coastal fishing waters when such 
devices are not being employed in 
fishing operations, and none of the 
above devices may be left in any 
waters during a time when they 
could not be legally fished in those 
waters. Devices used in conjunction 
with pound , heart , fyke and charmel 
net operations which have not been 
used in fishing operations for 12 
consecutive months shall be deemed 
abandoned and shall be removed by 
the person or persons responsible for 
their placement. Any fishing 

equipment found set in coastal 
fishing waters in violation of this 
Section or wliich contains edible 
species of fish, unfit for human 
consumption, may be removed and 
disposed of at the discretion of the 
secretary. 

Statutory Authority G.S. 113-134; 
113-182; I43E-2S6. 



88 



\ORTH CAROLINA REGISTER 



PROPOSED RULES 



.0504 EEL: CRAB: FISH: SHRIMP POTS 

(c) It shall be unlawful to use pots 
in internal coastal fishing waters 
unless each pot is marked by 
attaching to it a floating buoy which 
shall be of solid foam or other solid 
buoyant material and no less than 
five inches in diameter and no less 
than five inches in length. Buoys 
may be of any color except yellow. 
The owner shall always be identified 
on the attached buoy by using 
engraved buoys or by metal or 
plastic tags attached to the buoy. 
Such identification shall include one 
of the following: 

(1) owner's N.C. motorboat 
registration number; or 

(2) owner;s U.C. vessel 
documentation name; or 

(3) owner's last name 
and initials. 

(d) Pots attached to shore or a 
pier shall be exempt from (a) (2}^ (a) 
(3), and (c) of this Rule. Unmarked 
pots attached is- a pi^F s hall b& 
considered property oi th& pi^i^ 
owner . 

(e) present (d) without changes 

(f) present (e) without changes 

(g) present (f) without changes 

Statutory Authority G.S. 113-134; 
113-182: 143B-286. 

SECTION .0700 - SHRIMP AND 
SHRLMPING 

.0701 USE OF NETS IN 

TAKING SHRIMP IN 

(a) It shall be unlawful for any 
person to take or attempt to take 
shrimp by any method, other than a 
CASt net and as set out in Paragraph 
(e) of this Rule, from the coastal 
fishing waters of North Carolina, 
between one hour after sunset on 
any Saturday and one hour before 
>; unsct sunrise on the following 
Sunday Monday, except in the 
Atlantic Ocean. 

(c) Na person ^hall It shall be 
unlawful for any person to take or 
attempt to take shrimp with a net 
constructed in such a manner as to 
contain an iimer or outer liner of 
any mesh size. Chafmg gear or 
additional tailbag matenal may be 
used on no more than one-half 2^ 
the cLrcumlerence of the tailbag on 



the bottom of the outside of the 
tailbag. 

(c) fixed nets, channel nets hand 
seines, and cast nets may be used to 
catch shrimp m open shrimping 
areas at any time. 

Statutory Authority G.S. 113-134; 
113-182; 143B-286. 

SECTION .0800 - CRABS 
.0801 TAKING OF CRABS 

(b) The following acts are 
prohibited: 

(1) taking, buying, selling, or 
possessing any hard crabs 
measuring less than five inches 
from tip of spike to tip of spike 
except mature female crabs, and 
"peelers" which may be floated 
in regular crab floats. Crab s 
shall be &ulkd and the "peelers" 
separated from the entire ca t ch 
before reaching s hore of- dock , 
and aU remaining crabs less than 
legal sise shall be immediately 
returned to. the coastal fishing 
water s. Crabs shall be cuUed 
where taken and all crabs less 
than legal size shall be 
immediately returned to the 
coastal fishing waters. 

"Peelers" shaJ be separated 
from the entire catch before 
reaching shore or dock. 
Tolerance of not more than 10 
percent by weight of any 
portion examined shall be 
allowed. In determining 

whether the proportion of 
undersize crabs exceeds the 10 
percent tolerance limit , the 
secretary and his agents are 
authorized and empowered to 
grade aU, or any portion, or any 
combination of portions of the 
entire quantity of crabs being 
graded, and may require seizure 
and return to the waters, or 
other disposition as authorized 
by law, of the entire quantity 
being graded, or of any portion 
thereof if undersize crabs in 
excess of the tolerance limit are 
found. 
(4^ an individual ma^ take 

cf^t^ PQ^g ^ 3^j ^y time for 
personal consumption , provided 
ll^^^ not m ore than one crab p ot 



NORTH CAROLINA REGISTER 



89 



PROPOSED RULES 



aki in lb« tatdng . 
(5) taking crabs by the use of 
dredges except as follows: 
(A) » the following described 
area &f Pamlico Sound , crab s 
ma¥ be takeft from January* 1 
through March 1 with 
dredges weighing 4-Oi) pound s 
&f les*; In Pamlico Sound 
within the area bounded by a 
line beginning at a point on 
Sandy Point 35° 37' 35" N - 
75° 43' 46" W rumung 008° 
10.1 nautical miles to a point 
on shore 35° 47' 45" N - 75° 
43' 56" W; thence 051° M 
1.75 nautical miles to a white 
daybeacon 35° 49' 03" N - 
75° 42' 28" W; thence 098° 7 
nautical miles to the Bodie 
Island Lighthouse; thence 
157° M 3.6 nautical miles to 
the Oregan Inlet Coast Guard 
Station flasher; thence 182° 
M 9.7 nautical miles to 



flasher 




No. 


3 


at 


Chicamacomico 


Channel 


35° 


36' 21' 


N 


- 75° 


^0' 00" 


W; 


thence 


285= 


.M 


11.3 nautical 


miles 


to 


the 


point 


of 



beginning. 

(6) taking crabs by the use 

of trawl nets ot- dredges between 
one hour after sunset on any 
Saturday and one hour before 
sunset sunrise on the following 
Sunday Monday, except in the 
Atlantic Ocean. 

(7) Taking crabs by the use of 
dredges between sunset on any 
Saturday and sunrise on the 
following Monday, except in the 
Atlantic Ocean. 

Statutory Authority G.S. 113-134; 
113-182: I43B-286. 

SECTION .0900 - CLAMS 

.0901 SIZE LIMIT: DAILY (CREEL 

OR HARVEST) LIMIT: METHOD 
OK TAKING CLAMS 

(a) It shall be unlawful \o_ take. 
land, or possess aboard a \csscl 
more than 6,250 clams per fistimg 
operation. i>^ p > cr s on s hall It shall 
be unlawful to take, attempt to take, 
possess, sell or purchase any clams 
(except Rangia or freshwater clams) 
less than one inch thick. Clams will 



be culled by the catcher where taken 

and all clams of less than legal size 

with their shell, shall be immediately 

returned to the bottom where taken. 

Tolerance oi not more than ^ 

percent h^f- count of any. eateb s hall 

be allowed . Ia determini ag whether 

the proportion oi undersize clams 

exceeds the ^ percent tolerance limit . 

The secretary and his agents are 

authorized and empowered to grade 

all, or any portion, or any 

combination of portions of the entire 

quantity of clams being graded and 

may require seizure and return to 

public bottom or other disposition 

as authorized by law of the entire 

quantity being graded or any portion 

thereof, if undersize clams in excess 

of the tolerance limit are found. 

Possession and sale of clams by a 

clam hatchery and purchase and 

possession of clams from a clam 

hatchery shall be exempt from this 

Rule. A clam hatchery is defmed as 

any operation which obtains clams 

through the process of artificial 

spawning ;md culture methods. 

(c) 

(2) iCo person sbaU It shall be 

unlawful to take, attempt to take, 

buy, sell, or possess any clams 

taken by mechanical methods 

from public coastal fishing waters 

e,Y.cept until the secretary, acting 

upon the advice of the director, 

based on reasonable and prudent 

management oT marme and 

estuarine resources, may by 

proclamation, open the season 

during the open s eason which 

*baU be from December 1 through 

.March 31. The secretary aeU»g 

upon the advice oi the director , 

based &a rea s onable asd prudent 

management oi marine and 

estuiuine re s ource s is further 

empowered to tna^ impose any or 

all of the following restrictions: 

(A) specify number of days, 
and 

(B) specify areas, 

(C) specify time period, 

(D) specify quantity 
and, or sb.e, and 

(E) specify number of 
permits to be issueT annually. 

Statutory Authority G.S. 113-134: 
I13-IS2: I43B-2S6. 



90 



,\ORTH CAROLINA REGISTER 



PROPOSED RULES 



.0905 TAKING OR U.NLOADLNG 
CLAMS ON SUNDAY OR 
AT NIGHT 

Na per s on shall Utkc of- a ttempt 
to- take an^ clams (^» Sunday of 
between the hours o£ sunset and 
s unrise oa an^ day except ; 

(4-) provided that one hundred 
c lums ncr person pcr d ^w not to 
exceed twa hundred clams pei: 
\^£ssc l per d nw ^n ^^^ pg t 3jccn d\' 

hcind on Sund nv^ aod 
(2^ tba4 thi» Regulation sb^ 
not apply to Atlantic Ocean . 

(a) It shall be unlawful to 
take clams " Irom coastal fishing 
waters on Sunday or between the 
hours oT~ sunset and sunnse on any 
day except tEat 100 clams per 
person, not to exceed 200 clams per 
vessel per day, may be taken py 
hand tongs, hand rakes or b^ hand 
on Sunday during the regular clam 
season. 

(b1 It shall be unlawful to 
unload clams from anv 



vessel on 
Sunday or between sunset and 
sunrise on any day. Clams taken on 
Sunday under the provisions of 3B 
.0905 (a) are exempt from this 
Subsection. 

Statutory Authority G.S. 113-134; 
113-182; I43B-286. 

SECTION .1000 - SCALLOPS 

.1002 OPEN SEASON 

(BAY SCALLOPS) 

(a) It shall be unlawful to take 
or attempt to take bay scallops from 
coastal fishing waters except that 
until the secretary, acting upon the 
advice of the director, based on 
reasonable and prudent 

management, may by proclamation, 
open the season for harvest, sale, 
possession and transport of bay 
scallops for up to four days in 
December and between the second 
Monday of January and the last 
Friday of May. The secretary, 
acting upon the advice of the 
director, based on reasonable and 
prudent management, may by 
proclamation, open the bay scallop 
season from August 1 tlirough 
September 1 5 to hand harvest only 
(by hand, dip nets, scoops, hand 
tongs and hand rakes). The 



secretary is further empowered to 
impose any or all of the following 
restrictions: 

( 1) specify number of days; 

(2) specify areas; 

(3) specify means and methods 
which may be employed in the 
taking; 

(4) specify time period; and 

(5) limit the quantity. 

Statutory Authority G.S. 113-134; 
113-182; I43B-286. 

SECTION .1100 - OYSTERS 
.1101 OPEN SEASON 

(a) It shall be unlawful fof any 
person to take, attempt to take, buy, 
sell, or possess any oysters taken 
from public coastal fishing waters 
until the secretary, acting upon the 
advice of the director based on 
reasonable and prudent management 
of marine and estuanne resources, 
may open the season by 
proclamation from October 
November 1 through March ^ 
March \_ based on reasonable and 
prudent management ei marine and 
c s tuarinc resource s, I'he secretary, 
acting upon the advice of the 
secretary, may close or open any of 
the Viuious waters to the taking of 
oysters and may impose any or all of 
the following restrictions; 

(1) Specify number of days; 

(2) Specify areas; 

(3) Specify means and methods 
which may be employed in the 
taking; 

(4) Specify time period; 

(5) Limit the quantity. 

(b) It shall be unlawful to take, 
land, or possess aboard a vessel 
more tEan 25 bushels of oysters per 
person not to exceed 50 bushels. 

Statutory Authority G.S. 113-134; 
113-182; 113-201; I43B-286. 

.1109 TAKING OR UNLOADING 
OYSTERS ON SUNDAY 
OR AT .MGIIT 

(b) It shall be unlawful to unload 
oysters from any vessel on Sunday 
or between sunset and sunrise on 
any day: provided , thai whevenevcr 
aw ve s sel s hall have Ixen partial l y 
unloaded before s un s et , U^c 
remainder of said luad of cargo tuay 
be discharged i» the presence of an 



i\ORTH CAROLINA REGISTER 



91 



PROPOSED RULES 



inspector . This Paragraph shall not 
apply ta Brunswick and New 
Hanover Counties . Oysters taken 
on Sunday under the pro\isions of 
3B .1109 (a) are exempt from this 
Subsection. 

(«) .^wa per s on s hall unloaJ 
oy s ters from any vessel »n . Sunday in 
Hrunsui t ik and New Hanover 
Cujuntie s, Oysters taken tm Sunday 
under ikn provisions oi ^ . 1 lUQ (^ 
are exempt from ihk Subsection , 

Statutory Authority G.S. J J 3-1 34; 
1/3- 182; I43B-2S6. 

.1111 TAKING OYSTER: CLAMS 
AND MUSSELS FROM 
POLLUTED AREAS 

It shall be unlawful for an) person 
to take, attempt to take, possess, 
sell, or offer for sale, any oysters, 
clams or mussels taken from areas 
which have been designated as 
prohibited (poUuted) by 

proclamation upon notice by the 
Division of Health Services of the 
Department of Human Resources 
that duly adopted criteria for 
approval sheUfish harvest areas have 
not been met except as provided in 
]_5 NCAC 3B .0903. .0906, .1107 
and .1600. The secretary may 
reopen any such closed area upon 
notification from the Di\ision of 
Health Services that duly adopted 
criteria for approved shelUish harvest 
areas have been met. 

Copies of these proclamations and 
maps of these areas are available at 
the Di%ision of .Marine Fisheries, 
3411 Arendell St., Morehcad City, 
NC 28557, 919-726-7021. 

Statutory Authority G.S. 113-134: 
113-182: I43B-2S6. 

SECTION .1400 - NURSERY AREAS 

.1404 V10L.\TI0N TO USE SPECIFIC 
NETS AND DREDGES 

It shall be unlawful to use or 
attempt to use any trawl net, long 
haul seine, swipe net, dredge or 
mechanical methods fo[ clams." for 
the purpose ol takmg any marine 
fishes in any of the primary nursery 
areas described in 15 NCAC 38 
.1405. 

Statutory Authority G.S. 113-134: 
II3-IS2: I43B-2S6. 



.1405 DESCRIPTIVE BOUNDARIES 

(b) 

(1) 

(G) Clark Creek, northeast 
of a line begiiining at a point 
on the north shore 33° 35' 

452 N : Zl! IL 301 ^ 
running T58° (M) to a point 

on the south snore 35° 35' 

46" N - 75° 51' 28" W; 



(7) 



(D) Laurel Creek, east of a 
kne begmiung at a point on 
the north shore 35° 20" 38" N 
-76° _iy 2r W, running 170° 
(.M) to a' point on the south 
shore 35° 20' 36" N - 76° 13' 



22" W; 



(9) 



(F) Deep Bay 

^ Old Haulover, north of 
a hne begmnmg at a point 
on the west shore 35° 23' 
09" N - 76° 22' 52" W; 
running 



76° 
101° 



2Z 5r 
(M) to a 



point on the east shore 35° 
2J092N:762 2r462W; 
(ii) Drum Cove 

(Stinking Creek), south of a 
hne beginning at a point on 
the west shore 35° 22' 32" 
N - 762 ?£ MI ^^' rurmmg 
122° (.M) to a pomt on the 
east shore 35° 22' 26" N - 
7622£2r W, 
(G) Eastern tnbutaries 

(Cedar Hammock and Long 
Creek), east of a hne 
beginning at a point on the 
north shore 35^ 2£ ST N - 
762 23; 2r W; nanning 206° 
(.M) to a point on the south 
shore 35° 24^ 39^ >< - 76^ 23^ 
j£;W; 
(10) 

(A) Gcrmantown Bay and its 
tributaries, northwest 

northeast of a line beginning 
at a point on the &»*t 
northwest shore 35° 25^ 24" 
04: 50 ■■ N - 76° 27' 05:: 16" 
W; running 2ibZ 158° (.\1) to 
a pomt on the west southeast 
shore 35= 24' 54: 30" N - 76° 
27' 2tC 11" W; 
Swan Creek, southeast of a 
hne beginnine at a pomt on 
the north shore 35° 24' 30" N 
- 76° 27- 11" \V; runmne 234° 



92 



yORTH CAROLINA REGISTER 



PROPOSI.n RUUiS 



(M) to a point on the south 
shore 35° 24' 24" N - 76° 27 

rrw; 

£10) 

(H) Unnamed tributaries, 
northwest of a Une beginning 
at a point on the north shore 

35^ 23; 45;; N - 76^ 28; 38;; 

W; running 23l° (M) t_o a 
pouit on the south shore 35° 
23; 3(r N ; 76^ 28; 48" W, 
(11) Lx)ng Creek, north~ or a 
line beginning at a point on the 
west shore 35° 22' 26" N - 76° 
29' 00" \V; running 1 19° (M) to 
a point on the east shore 35° 22' 
2r N - 76^ 28;49;W; 
(b) (ll)t8(b)(12) 
(b) (12) to (b) (13) 
(b) (13) to (b) (14) 
(c) 
(4) Battaline and Tooleys Creeks, 
northwest of a line beginning at 
a point on the north shore 35° 
32; 2r N 2 76! 36; ir W; 
running 226° (M) to a point on 
the south shore 35° 32' 02" N - 
76° 36' 24" W; 



Statutory Authority G.S. 
113-182: I43B-286. 



113-134; 



.1408 



45' 



DESCRIPTIVE BOUNDARIES 
- SPECIAL SECONDARY 
■NURSERY AREAS 

(d) Newport River - west of a 
line beginning at Perm Point 34° 
4£ N 2 76! 11 35; W, "tHence 
running 022° (M) to a point on the 
north shore, 34° 46' 47" N - 76° 43' 

Present (d) becomes (e) without 
change 

Present (e) becomes (f) without 
change 

Present (f) becomes (g) without 
change 

Statutory Authority G.S. 113-134: 
113-182: 143B-2S6. 

SECTION .1500 - SI RIPED BASS 
.1502 IIOOK-ANI) I INi; KISIIINC 

(a) It shall be unl.iwful for any 
person to possess more than three 
six striped bass taken by 
hook-and-line in any one day from 
coastal waters. 

Statutory Authority G.S. 113-134: 
113-182: 143B-286. 



SECTION .1600 - MECHANICAL 
DEPURATION OF SHELLFISH 

.1601 HARVEST SEASON 

It shall be unlawful for any 
person to take clams, oysters or 
mussels Irom the public or private 
prohibited (polluted) waters of the 
State for the purpose of mechanical 
depuration in an approve? 
depuration facility except from April 
J^ through May 15. For 

maintenance dredging operations, 
season may not apply. All harvest 
and transport activities within tEe 
State of North Carolina related to 
mechanical depuration shall be 
under the direct supervision of tHe 
Division of Marine Fisheries and/or 
the Division of Health Services of 
the North Carolina Department oT 
Human Resources. 

Statutory Authority G.S. 113-134: 
113-182: 113-201. 

.1602 HARVEST AREAS: Tl.VIES 
AND METHODS 

The secretary, acting upon the 
advice of the director, based upon 
reasonable and prudent management 
of marine and estuarine resources, 
may, by proclamation, impose any 
or all of the following restnctions on 
the har\'est oT shellfish for 
mechanical depuration: 

(1) Specify species, 

(2) Specify areas: 

(a) Harvest~will not be allowed 

in areas opened to the harvest 
o? shell fish within preceding 
three years. 

(b) Harvest wJU not be allowed 
from designated buffer zones 
adjacent to sewage outfall 
facilities. 

(3) Specify harvest days, 

(4) Specify time period, 

(5) Specify quantity and 
or size, 

(6) Specify harvest methods, 

(7) Specify record keeping 
requirements. 

Statutory Authority G.S. 113-134: 
113-182: 113-201: 1438-286. 

.1603 HARVEST PERMITS 

Harvest permits: 

(1) All persons harvesting clams. 



NORTH CAROLI.\A REGISTER 



93 



PROPOSED RULES 



oysters or mussels from 
prohibited (polluted) waters for 
the purpose oF mechanical 
depuration shall ^irst obtam a 
permit ?rom the Di\ision oT 
Manne Msherics and Division of 
Health Services setting lortli the 
method l)T har\est to be 
employed. 

(2) The permit applicant shall 
provide the name, address, location 
and telephone number oF the 
mechanical depuration lacihty where 
the shelliish will be mechamcaliy 
depurated. Only one depuration 
plant may be designated for each 
permittee and any change must be 
reported to the division pnor to sale 
or depuration. 

(3) Persons desiring to harvest 
polluted shellfish for mechanical 
depuration shall apply for a harvest 
permit at least 15 days prior to 
initiation of harvest. 

Slatulorv Authority G.S. 113-134: 
II3-1S2: 113-201: /43B-286. 

.1604 TRA.NSI'ORT 

Transport of clams, oysters or 
mussels for mechanical depuration: 

( 1) Clams, oysters or mussels 
harvested Irom prohibited 
(polluted) waters for mccharucal 
depuration in an approved 
depuration facility located within 
the State of North Carolma shall 
be transported under the direct 
supervision of the Di\ision ot 
Marine Fisheries and or the 
Division of Health Services ot 
the North Carolina Department 
of Human Resources. 

(2) Clams, oysters or mussels 
harvested }rom prohibited 
(polluted) waters for mechanical 
depuration m an approved 
depuration facility outside the 
State of North Carolina shall be 
transported in a sealed 
conveyance which shaU not be 
unsealed within the State 2I 
North Carolina except under the 
direct supervision of ine Division 
oT \larine Fisheries or the 
Division of Health Services ~oT 
the North Carolina Department 
ofHuman Resources. 



Statutory Authority G.S. 113-134: 
1 13-182; 113-201: I43B-286. 

.1605 MECHANICAL DEPURATION 
FACILITIES 

Mechanical depuration facilities: 

(1) Depuration facilities 
identified in .1603 (b) located in 
the State of North Carolina shall 
Ec~ operated in compliance with 
Commission of Health Services 
regulations Kj NCAC lOB .1201 
throu.gh .1213. 

(2) Depuration facilities 
identified in .1603 (b) located in 
a State other than North 
Carolina shall be in compliance 
with the applicable rules, 
regulations and laws of the 
sheUfish " control agency of that 
State. 

Statutorv Authority G.S. 113-134; 
113-182; 113-201; 143B-286; 
143B-286. 

Notice is hereby f^iven in accordance 
with G.S. / SOB- 12 that the Division 
of Coastal Management intends to 
amend regulation cited as 15 NCAC 
7H .0406. 

The proposed effective date of this 
action is September 1 , 1987. 

The public hearing will be conducted 
at 7:00 p.m. on May 19, 1987 at 
Cape Hatteras School, Buxton. NC. 

Comment Procedures: Written 

comments may be submitted within 
30 days prior to hearing to: Portia 
Rochelle, Division of Coastal 
.Management, P.O. Box 27687, 
Raleigh, NC 27611. 

CHAPTER 7 - COASTAL .MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES 

FOR AREAS OF ENVIRONMENTAL 

CONCERN 

SECTION .0400 - PUBLIC WATER 
SUPPLIES 

.0406 PUBLIC WATER SUPPLY WELL 
FIELDS 

(b) 
(1) The project docs not use 
ground absorption sewage 
disposal systems within the 
designated boundary of the well 
field AFC. 



94 



SORTH CAROLINA REGISTER 



PROPOSED RULES 



(c) 
(1) Cape Hatteras WeU Field. 
Tkfi Department of Human 
Resource s proposed the Cape 
Hatteras Water As s ociation weU 
field oa Hatteras Inland in Dare 
Count)f a» an a»» of 
environmental concern . THe 
Cape Hatteras Water 

Association is supplied with raw 
water from a weU field located 
south of N.C. 12 on Hatteras 
Island between Frisco and 
Buxton. The ajea t» be 

designated k bounded Xo- the 
north , south , cast , aa4 west b^ 
a hae located .^00 leet from the 
centerUne of the wcU field . Sie 

hse and i» appro yjmately 20,000 
feet i» le»£^ i» aA east - west 
direction . Sie average yield per 
weU i» -f9r^ gpm and the a^'erage 
drawdown i» 4tJ fset, Xhe 
s uramp The area of 

environmental concern Is 
bounded by a hne located 1,000 
feet from the centcrlines of three 
tracts. The first tract is 

identified as "well field" on 
maps entitled "Cape Hatteras 
Wellfield Area of Environmental 



Concern" approved by the 



Coasta l 
and 

12,000 



Resources Commission 



extends approximately 

feet west from Water 

The second 



Association Road 



tract is cotermmqus with the 
first tract, is identified as "future 
well fielJ" on s 
extends approximately 
feet to the east of 



maps and 

8,000 



to the east ot Water 

Association Road. "the third 
tract is identified as "future weU 
field" on said maps and extends 
approximately 6,200 feet along 
the National Park Service 



boundary' east 
Association Road. 



of Water 

The aquifer 

beneath the tracts serves as the 
sole source of drinking water lor 
the communities of Avon, 
Buxton, Frisco, and Hatteras as 
well as the national seashore 
recreation area. The wetlands, 
swales, and surface waters 
adjacent to the well field 
provides provide a large source 
of recharge and are a potential 
vehicle for contaminants, fte 



aquifer k compo s ed of thin beds 
of fine ta medium quartz sand 
and extend s from the land 
surface ta a depth of ^ feetr. 
/W [\\x^ x^Qx yiX t he soi l tirades 
vertically inta a sUt and da^ 
zone which forms an aquiclude 
(q ^ dept h of 145 ^^etr p^rt of 
this aiea i« recogniacd as a 
national s ea s hore recreation 
area^ Due to this fact these 
facts contamination of the water 
supply could have an adverse 
effect on people other than the 
local residents of Hatteras 
Island. Water-borne disease 
organisms could be easily 
transported to other areas of the 
state or the east coast by 
tourists who are attracted to the 
area daily. 

Statutory Authority G.S. I ISA- 1 07 
(a), (b): I13A-II3 (b) (3) a. 

TITLE 21 - BOARD OF 
MEDICAL EXAMINERS 

Notice is hereby given in accordance 
with G.S. 150B-I2 that the Board of 
Medical Examiners intends to amend 
regulation cited as 21 NCAC 328 
.0110. 

The proposed effective date of this 
action is September 1, 1987. 

The public hearing will be conducted 
at 3:00 p.m. on May 15, 1987 in the 
Auditorium, N.C. Medical Society, 
222 N. Person St., Raleigh, N.C. 

Comment Procedures: Persons 
interested may present written or oral 
statements relevant to the actions 
proposed at a hearing to be held as 
indicated above. Written statements 
not presented at the hearing should 
be directed before May 1 , 1987, to 
the following address: Administrative 
Procedures, N.C. Board of Medical 
Examiners, Suite 2/4, 222 North 
Person Street, Raleigh, N.C. 27601. 

CHAPTER 32 - BOARD OF MEDICAL 
EXAVII.NERS 

SUBCHAPTER 32B - LICENSE TO 
PRACTICE .MEDICI.NE 

SECTION .0100 - LICENSE BY WRITTEN 
EXA.MINATION 



NORTH CAROLINA REGISTER 



95 



PROPOSED RULES 



.0110 DEADLINE 

For the applicant to be eligible for 
the examination, all data must be in 
the hands of the executive secrctar}' 
of the board at least 75 days prior to 
the examination. 

An applicant in attendance at a 
medical school located in North 



Carolina who may graduat 

75 day deadline but before 
examination date, ma 



certilication 



of 



after the 

the 

salisly tlic 

graduation 



requirement as follows 

(1) Not less than 75 days before 
the date of the exarrunation. the 
executive secretary must receive a 
letter from the dean of the 
medical school of the applicant 
stating that the applicant is 
expected to complete all 
requirement s" 7or graduation prior 
to the date oT'the examination; 
and. 

(2) Prior to the date of the 
exarrunation, the executive 



secretary must 
trom the dean 



receive a letter 

of the medical 

school stating that th: applicant 
has completed all requirements 
for, and will receive, the .\1.D. 
degree trom the medical school. 

Statutory Authority G.S. 90-9. 

TITLE 25 - OFFICE OF STATE 
PERSONTsEL 

Notice is hereby given in accordance 
with G.S. 150B-I2 that the State 
Personnel Commission intends to 
repeal regulation cited as 25 NCAC 
IB .041 2 and adopt regulations cited 
as 25 NCAC IB .04 1 4-. 0434. 

The proposed effective dale of this 
action is August 1 , 1987. 

The public hearing will be conducted 
at 9:00 a.m.. on June 30, 19X7 at 101 
West Peace Street, Raleigh, NC. 

Comment Procedures: Any person 
may request information or copies of 
the proposed rule by writing or 
calling Drake Maynard, A PA 
Coordinator. Office of State 
Personnel. 116 West Jones Street, 
Raleigh. NC 27611. (919) 733-7112. 
Written comments on these 



regulations may be sent to Mr. 
Maynard at the above address. 
Written and oral (no more than ten 
minutes) comments on these 
regulations may be presented at the 
hearing. 

CHAPTER I - OFFICE OF STATE 
PERSONNEL 

SUBCHAPTER IB - STATE PERSONNEL 
COMMISSION 

SECTION .0400 - APPEAL TO 
COMMISSION 

.0412 ATTORNEY FEES (REPEALED) 

Statutory Authority G.S. 126-4(11 ). 

.0414 SITUATIONS IN WHICH 
ATTORNEYS FEES MAY 
BE AWARDED 

Attorney's fees may be awarded by 
the commission only in the 
following situations: 

(1) the grievant is reinstated to 

the same or similar position from 
either a demotion or a dismissal; 

(2) the grievant is awarded back 
pay from either a demotion or a 
dismissal, without regard to 
whether the grievant has been 
reinstated; 

(3) the grievant is determined, by 
the commission or by the 
agency's internal grievance 
procedure, to have been 
discriminated against in violation 
of G.S. 126-16; 

(4) any combination of the above 
situations. 

Attorney's fees may be awarded 
when any of the above situations 
occur, either within the agency 
internal grievance procedure or in an 
appeal to the State Personnel 
Commission. 

Statutory Authority G.S. 126-4(11). 

.0415 ATTORNEY'S FEES MAY BE 
AWARDED AS A RESULT OF 
A SETTLEMENT 

Attorney's fees may be awarded as 
the result of a settlement in the 
grievance procedure, either in the 
agency internal procedure or at the 
Personnel Commission level, 
providing such fees are explicitly 
incorporated as a part of a written 
settlement agreement signed by both 
parties. Attorney's fees shall not be 
awarded as the result of a settlement 



96 



^ORTH CAROLINA REGISTER 



PROPOSED RULES 



unless such fees are a specific part of 
the written settlement agreement. 

Statutory Authority G.S. 126-4(11). 

.0416 PROVISIONS ON AWARDING 
ATTORNEY'S FEES 

(a) Attorney's fees shall not exceed 
the rate of seventy-five dollars 
($75.00) per hour of attorney time; 
this rate shall be reviewed 
periodically by the commission and 
adjusted as necessary; there shall be 
no attorney's fees awarded in excess 
of this hourly rate. 

(b) An itemized statement showing 
how the attorney's time was spent is 
required in order to make an award 
of attorney's fees; this statement 
shall be itemized to at least 
one-tenth of an hour; attorney's fees 
shall not, under any circumstances, 
be awarded without an itemized fee 
statement. 

(c) No attorney's fees shall be 
awarded for any attorney time spent 
in agency internal grievance 
procedures prior to the grievance 
committee step of such procedure 
(Note: in the Department of 
Human Resources internal grievance 
procedure, this step would be the 
hearing officer step). 

(d) No contingent fee or flat fee 
arrangements will be honored in 
awarding attorney's fees; the 
provisions of these rules shall be 
followed in awarding attorney's fees 
regardless of any arrangement or 
contract between the grievant and 
attorney. 

(e) Attorney's fees are independent 
of and not related to whatever 
amount, if any, recovered by the 
grievant. 

(0 Attorney's fees shall be 
awarded only for work in the above 
specified levels of agency internal 
grievance procedures, work before 
the Office of Administrative 
Hearings and before the State 
Personnel Commission or as ordered 
by a court of competent jurisdiction; 
no attorney's fees shall be awarded 
for any attorney time spent in 
relation to work done before any 
other State or federal administrative 
agency, hearing officer, magistrate or 
judge. 

Statutory Authority G.S. 126-4(11). 



.0417 LIMITATION ON 

REPRESENTATION 

Representation of clients in this 
area of administrative law, while 
important and deserving of due 
diligence by attorneys, is neither so 
new nor so complex that the services 
of more than one attorney per party 
can ever be justified. The 

commission shall not award, as a 
component of any attorney's fee 
award, compensation for the work of 
more than one attorney at a time per 
grievant. However, should more 
than one attorney be involved in 
representing a grievant due to the 
withdrawal or dismissal of a previous 
attorney, attorney's fees may be 
awarded to the successor attorney, as 
well as the initial attorney if 
otherwise permissible under these 
rules. However, research or other 
legal work may be delegated by the 
attorney to other members of the 
firm, or to paralegals, to the end that 
the work may be done more 
economically. Time billed for work 
done by paralegals may be paid, 
provided that such time does not 
reflect a duplication of effort in work 
done by the attorney. 

Statutory Authority G.S. 126-4(11 ). 

.0418 COSTS AND TRAVEL TIME 

(a) The following costs of 
representing grievants in either the 
internal agency procedure, before the 
Office of Administrative Hearings or 
before the State Personnel 
Comniission shall be reimbursed 
above and beyond any attorney's 
fees awarded based on an itemization 
of attorney's time: 

(1) copying; 

(2) telephone charges; 

(3) transcript costs (or the cost of 
purchasing copies of tapes of 
the hearing); 

(4) mailing costs; 

(5) subpoena costs; 

(6) costs of disco\ery authorized 
by order of a hearing officer. 
Such costs shall be reimbursed 
as part of an attorney's fee 
award only if incurred at the 
grievance committee (hearing 
officer) step of the agency's 
internal grievance procedure or 
before the Office of 



NORTH CAROLISA REGISTER 



97 



PROPOSED RULES 



Administrative Hearings/State 
Personnel Commission. 

Reimbursement shall be made 
only if the above costs arc 
completely and sjiecifically 
itcmi/.cd. 

(b) Mileage costs shall he 
reimbursed only up to a total of 200 
miles of inter-city travel, and at the 
rate authorized by the State Budget 
Office for mileage reimbursement for 
state employees in the Wake County 
area traveling 75 miles or more. 

(c) Attorney's travel time shall be 
reimbursed not to exceed a 
maximum of four hours. Time 
spent at a meeting of the Personnel 
Commission waiting to address the 
commission shall be reimbursed. 
This time shall be reimbursable at 
the attorney's normal hourly rate, or 
at the rate for non-hearing time, 
whichever is lower. 

(d) No ovemighi lodging expenses 
shall be reimbursed, except for those 
attorneys who are coming to Raleigh 
to address the State Personnel 
Commission and only if travel from 
the attorney's office to Palcigh and 
back cannot be accomplished in ten 
hours or less, excluding time spent at 
the meeting of the Persormel 
Commission. No reimbursement 
shall be made in any event for meals. 
Lodging expenses shall be 
reimbursed at the rate authorized for 
in-state travel of state employees. 

Statutory Authority G.S. l26-4( 1 1 ). 

.0419 DUAL FEE RATES PERMITTED 

It is permissible for attorneys 
seeking attorney's fees pursuant to 
these rules to charge one rate for 
hearing (trial) time, and another rate 
for work done in the office, 
providing that neither rate exceeds 
the authorized maximum hourly 
rate. 

Statutory Authority G.S. 126-4(1 1 ). 

.0420 APPEAL TO COMMLSSION 
SOLELY TO DETERMINE 
ATTORNEY'S FEE AWARD 

(a) If all matters in controversy 
are resolved between the grie\'ant 
and the agency except the matter of 
whether or how much attorney's fees 
shall be awarded, this matter may be 
appealed to the Personnel 



Commission for the limited purpose 
of resolving this dispute. 

(b) Such disputes shall be resolved 
in the following fashion: 

(1) a request for a determination 
as to whether or how much 
attorney's fees shall be awarded 
must be filed with the 
limployee Relations Director, 
Office of State Personnel, within 
30 calendar days of the final 
agency decision declining to 
recommend the award of 
attorney's fees or recommending 
an award of attorney's fees with 
which the grievant disagrees; 

(2) each party shall file a detailed 
position paper, outlining its 
position on the question with 
the Employee Relations 
Division Director, Office of 
State Persormel within 30 
calendar days of notification of 
receipt of the request for 
determination of attorney's fees 
by the Office of State Personnel; 

(3) either party or both parties 
shall have the opportunity to 
file a brief in addition to a 
position paper; briefs must be 
filed within ten calendar days of 
filing a position pai>er; 

(4) either party may request the 
opportunity to make oral 
arguments on the position 
papers and/or briefs before the 
Employee Relations Director or 
other designated employee of 
the Office of State Personnel; 
such a request must be filed 
with either the position paper or 
the brief, whichever is later; 

(5) copies of position papers, 
briefs and all other documents 
must be served upon the 
opposing party 
contemporaneously with filing 
with the Employee Relations 
Division; 

(6) oral arguments shall be heard 
within ten calendar days 
following the filing of the 
request for such arguments; 
these arguments may be made 
personally or by telephone 
conference call; each party shall 
have no more than 30 minutes 
to make its argument in chief 
and a rebuttal; 

(7) the person considering the 



98 



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PROPOSED RULES 



matter shall have 15 calendar 
days after the oral arguments or 
the filing of briefs or position 
papers, whichever is latest, to 
send out a report to the parties 
containing a recommendation to 
the Personnel Commission for a 
specific amount of attorney's 
fees to be awarded, including 
costs; this recommendation shall 
be specifically supported by 
reference to these rules and the 
parties' position papers; 

(8) either party or both parties 
may request oral arguments 
before the full State Personnel 
Commission in accordance with 
25 NCAC IB .0401. 

(9) Failure to serve papers, as 

in (5) above, upon the other 
party may be cause to deny a 
party the opportunity to make 
presentations before the 

Employee Relations Director or 
designated employee. 

Statutory Authority G.S. l26-4( 1 1 ). 

.0421 BACK PAY 

(a) The Persormel Commission 
has the authority to award full or 
partial back pay in all cases in which 
back pay is a requested or possible 
remedy. 

(b) The Personnel Commission 
may award full or partial back pay 
regardless of whether reinstatement 
is ordered. 

(c) Gross back pay shall always be 
reduced by: 

(1) any interim earnings, except 
that interim earnings from 
employment which was 
approved secondary 
employment prior to dismissal 
shall not be set off against gross 
back pay; 

(2) all applicable state and 
federal withholding taxes, 
including social security taxes; 

(3) the employee's regular 
retirement contribution; 

(4) unemployment insurance. 

(d) Back pay shall include 
payment for all holidays which the 
grievant would have been paid for 
except for the interruption in 
employment status. HoUday 
premium pay shall never be a part of 
any back pay award. 



(e) Shift premium pay shall be a 
part of a back pay award, if the 
grievant would have been entitled to 
such pay in the absence of the 
interruption in employment. This 
benefit shall not be applicable in 
cases involving a failure to hire or a 
failure to promote. 

(f) Employees shall not be 
entitled to any discretionary pay 
which may or may not have been 
awarded to them in the absence of 
the interruption in employment (for 
example, merit increments). 

(g) Back pay shall include any 
across the board compensation 
which would have been included in 
the grievant's regular salary except 
for the interruption in employment. 
This includes one-time "bonuses", 
across the board legislative 
increments or across the board 
legislative pay increases. 

(h) If the grievant's longevity 
eligibility date occurred during the 
period of interrupted employment, 
back pay shall include the difference 
between the pro-rated longevity 
payment made at dismissal and the 
amount of longevity pay that would 
have been payable had employment 
not been interrupted. If the grievant 
is reinstated prior to his longevity 
date, no adjustment for longevity 
pay shall be made in the back pay 
award. TTie pro-rated longevity 
payment made at the time of 
dismissal shall be deducted from the 
full amount otherwise payable on 
the next longevity eligibility date. 

(i) Back pay must be apphed for 
on Office of State Personnel form 
PD 14. Copies of this form are 
available from the Office of State 
Personnel, Employee Relations 
Division. 

(j) One component of the decision 
to award back pay shall be evidence, 
if any, of the grievant's efforts to 
obtain available, suitable 

employment following separation 
from state government. 

Statutory Authority G.S. 126-4(9); 
126-37. 

.0422 IRONT PAY 

Front pay is the payment of an 
amount to an employee above 
his/her regular salary, such excess 



NORTH CAROLINA REGISTER 



99 



PROPOSED RULES 



amount representing the difference 
between the employee's salary in 
his/her current position and a higher 
salary determined to be appropriate 
due to a finding of discrimination. 
Front pay may also result from an 
order of reinstatement to a position 
of a particular level, which the 
agency is unable to accomodate 
immediately. Front pay shall be 
paid for such period as the agency is 
unable to hire, promote or reinstate 
the employee to a position at the 
level ordered by the Personnel 
Commission. Front pay shall 

terminate upon acceptance or 
rejection of a position consistent 
with the order of the commission. 
Front pay shall be available as a 
remedy in cases involving hiring, 
promotion, demotion or dismissal. 
Front pay shall be payable under the 
same conditions as back pay except 
that the only deductions from front 
pay shall be for usual and regular 
deductions for state and federal 
withholding taxes and ,the 
employee's retirement contribution. 
There may also be a deduction for 
other emplo\ment earnings, whether 
paid by the state or another 
employer, so as to avoid unjust 
enrichment of the grievant. Shift 
premium pay and holiday premium 
pay shall not be available on front 
pay. Submission of a form PD 14 is 
not required for front pay. 

Statutory Authority G.S. 126-4(9); 
126-37. 

.0423 LE.WE 

(a) An employee shall be credited 
on reinstatement with all \acation 
leave which would have been earned 
except for the interruption in 
employment. 

(bj An employee shall be credited 
on reinstatement with all sick leave 
which would have been earned 
except for the interruption in 
emplo_\ment. 

(c) The decision as to v.hcther or 
not to allow the reinstated employee 
to purchase back the vacation leave 
paid out in a lump sum at dismissal 
is within the discretion of the 
agency. .A failure to allow such 
repurchase is not grievablc. 

(dj Fmployces reinstated from 



dismissal shall have their former 
balance of sick leave at dismissal 
remstated, in addition to the credit 
for sick leave which would have 
been earned except for the dismissal. 

Statutory Authority G.S. 126-4(9); 
126-37. 

.0424 HEALTH INSURA.NCE 

Employees reinstated from 
dismissal shall be entitled to either 
retroactive coverage under the state 
health insurance plan or to 
reimbursement up to the amount the 
state contributes for employee only 
coverage. The employee shall have 
the right to elect between these two 
choices. The employee shall not be 
reimbursed for the cost of coverage 
of dependents or spouse during the 
period between dismissal and 
reinstatement. It is the 

responsibility of the employee to 
provide proof of insurance expenses 
mcurred during the period of 
unemployment. 

Statutory Authority G.S. 126-4(9); 
126-37. 

.0425 INTEREST 

The state shall not be required 
to pay interest on any back pay 
award. 

Statutory Authority G.S. J 26-4(9); 
126-37. 

.0426 CERTAIN REMEDIES NOT 
AVAILABLE 

Punitive, exemplar)' and other such 
damages are not available as 
remedies in appeals before the State 
Personnel Commission. 

Statutory Authority G.S. 126-4(9); 
126-37. 

.0427 VOLUNTARY PROGRAMS OR 
BENEFITS 

Voluntary programs or benefits 
(such as the 40 IK. program, 
voluntary health and life insurance 
programs c; deferred compensation) 
are the choice of the employee and 
are the employee's responsibihty. 
Retroactive contributions or 
membership in any such program 
shall not be part of any remedy 
awarded by an agency or the State 
Personnel Commission. 



100 



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Statutory Authority G.S. 126-4(9); 
126-37. 

.0428 REINSTATEMENT 

As used in these rules, 
reinstatement means the return to 
employment of a dismissed 
employee, in the same or similar 
position, at the same pay grade and 
step which the employee enjoyed 
prior to dismissal. Reinstatement 
may also refer to the promotion of a 
demoted employee to the same pay 
grade and step as the employee was 
demoted from. 

Statutory Authority G.S. 126-4(9); 
126-37. 

.0429 RECO.M.MENDATION OF 
DISCIPLINARY ACTION 

The State Personnel Commission 
shall have the authority to 
recommend to the respondent 
agency that disciplinary action be 
imposed as a result of any 
employee's failure to observe state 
policy and procedures in effecting 
disciplinary actions and dismissals. 

Statutory Authority G.S. 126-4(9); 
126-37. 

.0430 REMOVAL OF MATERIAL FROM 
PERSONNEL FILE 

The State Personnel Commission 
shall have the authority to order the 
removal of any material in a 
personnel fde which it fmds to be 
inaccurate or misleading. 

Statutory Authority G.S. 126-4(9); 
126-37. 

.0431 CAUSES FOR REINSTATEMENT 

The State Personnel Commission 
shaU order reinstatement from 
dismissal or demotion only upon a 
fmding of lack of substantive just 
cause or discrimination prohibited 
by N.C. Gen. Stat. 126-16. For the 
purpose of this rule, failure to give 
the required number and kind of 
warnings prior to dismissal for job 
performance shall constitute a lack 
of substantive just cause. 

Statutory Authority G.S. 126-4(9); 
126-37. 

.0432 REMEDIES FOR PROCEDURAL 



VIOLATIONS 

(a) Failure to give written notice 
of applicable appeal rights in 
connection with a dismissal, 
demotion or suspension without pay 
shall be deemed a procedural 
violation. The sole remedy for this 
violation shall be an extension of the 
time in which to file an appeal. The 
extension shall be from the date of 
the procedural violation to the date 
the employee is given written notice 
of applicable appeal rights. 

(b) Failure to give specific 
reasons for dismissal, demotion or 
suspension without pay shall be 
deemed a procedural violation. The 
Personnel Commission, in its 
discretion, may award back pay and 
attorney's fees for such a violation 
or, it may determine that the 
violation is so severe that it rises to 
the level to constitute lack of 
substantive just cause; such a 
determination shall require 
reinstatement, back pay and 
attorney's fees as remedies. 

(c) Failure to conduct a pre- 
dismissal conference shall be deemed 
a procedural violation. Further, the 
remedy for this violation shall 
require that the employee be granted 
back pay from the date of the 
dismissal until a date determined 
appropriate by the commission in 
light of the purpose of pre-dismissal 
conferences. Reinstatement shall 
not be a remedy for lack of a 
pre-dismissal conference. 

Statutory Authority G.S. 126-4(9); 
126-37. 

.0433 SUSPENSION WITHOUT PAY 

The State Personnel Commission 
shall order back pay in those cases in 
which it is determined that a 
suspension without pay lacked 
substantive just cause or was an act 
of discrimination prohibited by N.C. 
126-16. 

Statutory Authority G.S. 126-4(9); 
126-37. 

.0434 DISCRIMINATION 

In those cases in which the 
Personnel Commission fmds an act 
of discrimination prohibited by G.S. 
126-16, G.S. 126-36 or G.S. 
126-36.1, the commission may order 



NORTH CAROLINA REGISTER 



101 



PROPOSED RULES 



reinstatement, back pay, transfer, 
promotion or other appropriate 
remedy. The commission shall also 
have the authority in such cases to 
order other corrective remedies to 
ensure that the same or similar 
discriminaton' acts do not recur. 

Statutory Authority G.S. 126-4(9); 
126-37. 

Notice is hereby given in accordance 
with G.S. I SOB- 12 that the Office of 
State Personnel intends to repeal 
regulation cited as 25 NCAC IH 
.0608 and adopt regulations cited as 
25 NCAC .0610-06/5. 

The proposed effective dale of this 
action is August 1, 1987. 

The public hearing will be conducted 
at 9:00 a.m. on June 30, 1987 at 101 
West Peace Street. Raleigh, North 
Carolina. 

Comment Procedures: Interested 
persons may present statements orally 
or in writing at the hearing or in 
writing prior to the hearing by mail 
addressed to: Drake Maynard, Office 
of State Personnel, 116 West Jones 
Street, Raleigh. North Carolina 
27611. 

SUBCHAPTER IH - RECRLITMENT 
A.\D SELECTION 

SECTION .0600 - GENERAL 
PROVISIONS 

.0608 EMPLOYMENT PREFERENCE 
FOR VETERANS (REPEALED) 

Statutory Authority G.S. 126-4( 10). 

.0610 POLICY STATEMENT OF 

VETERANS PREFERENCE IN 
EMPLOYMENT AND RETENTION 

It shall be the policy of the State of 
North Carolina that, in appreciation 
for their service to this State and this 
Country in time of war, and in 
recognition of the time and 
ad\antagc lost toward the pursuit of 
a civilian career, veterans shall be 
granted preference in employment 
with evep,' State department, agency 
and university. 

Statutory Authority G.S. 126-4(4): 
128-15. ' 



.0611 ELIGIBILITY 

Persons eligible for veteran's 
preference shall have ser\'ed in the 
Armed Forces of the United States 
on active duty, for reasons other 
than training, during periods of war, 
and shall have been discharged u^.der 
other than dishonorable conditions. 
This particularly includes disabled 
veterans. Also eligible are spouses 
of disabled veteians, and the 
sur\'iving spouse or dependent of a 
veteran who died on active duty 
during periods of war either directly 
or indirectly as a result of such 
ser\'ice. Eligibility for veteran's 
preference shall further extend to 
\'eterans who suffer disabling injuries 
through service-related reasons 
during peacetime, to the spouses of 
such veterans, and to the surviving 
spouse or dependent of a veteran 
who died through service-related 
reasons during peacetime. 

Statutory Authority G.S. 126-4(10); 
128-15. 

.0612 PERIODS OF WAR 

Periods of war shall include: 

(1) World War I (April 16, 1917 
through November 11, 1918); 

(2) World War II (December 7, 
1941 through December 31, 
1946); 

(3) the Korean conflict (June 27, 
1950 through Januar,' 31, 1955); 

(4) the period of time between 
January 31, 1955 and the end of 
the hostilities in Viet Nam (May 
7, 1975); 

(5) any other campaign, expedition 
or engagement for which a 
campaign badge or medal is 
authorized by the United States 
Department of Defense. 

Statutory Authority G.S. 126-4(4); 
126-4(10): 128-15. 

.0613 CLAIMING VETERAN'S 
PREFERENCE 

In order to claim veteran's 
preference, all eligible persons must 
complete and sign a State 
Application for Employment 
(PD-107), and submit it to the 
appointing authority up>on initial 
application. Appointing authorities 
are responsible for reviewing the 
.Military Service portion of the 



102 



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PROPOSED RULES 



PD-107 and verifying eligibility. 
Appointing authorities may request 
additional documentation as 
reasonably necessary to ascertain 
eligibility. Also, as a prerequisite to 
further consideration, eligible 
veterans must meet the minimum 
education and experience 

requirements for the position applied 
for, and must be capable of 
performing the duties assigned to the 
position. In evaluating the 

qualifications of veterans against 
minimum education and experience 
requirements, credit shall be given 
on a year for year, and month for 
month basis, for all military service 
training and experience which bears 
a reasonable, functional relationship 
to the knowledges, skills and abilities 
required in the position applied for. 

Statutory Authority G.S. 126-4(4); 
126-4(10); 128-15. 

.0614 APPLICATION OF THE 

VETERAN'S PREFERENCE 

(a) The preference to be accorded 
eligible veterans shall apply in initial 
selection and reduction in force 
situations only. 

(b) In initial selection procedures, 
where numerically scored 
examinations are used in determining 
the relative ranking of candidates, 10 
points shall be awarded to eligible 
veterans. 

(c) In initial selection, where 
structured interview, assessment 
center, in-basket, or any other 
procedure, not numerically scored, is 
used to qualitatively assess the 
relative ranking of candidates, the 
veteran who has met the minimum 
qualification requirements for the 
vacancy, and who has less than four 
years of related military experience 
beyond that necessary to minimally 
qualify, shall also receive additional 
experience credit for up to four years 
of unrelated military service. 

(d) The amount of additional 
experience credit to be granted for 
unrelated military service in 
individual cases shall be determined 
as follows: First, determine the 
amount of related military service 
possessed by the eligible veteran 
beyond that required to meet the 
minimum qualifications. If the total 
of such experience equals or exceeds 



four years, the additional credit for 
unrelated military service does not 
apply. If the total of such 

experience is less than four years, the 
veteran shall receive direct experience 
credit for unrelated military service 
he/she may possess in an amount 
not to exceed the difference between 
his/her related military service and 
the four year maximum credit which 
may be granted. 

Example A : An eligible veteran 
with two years of related military 
experience beyond that necessary to 
qualify under the minimum 
education and experience 

requirement for the vacancy applied 
for, and with six years of unrelated 
service, wUl receive a two year 
experience credit. For selection 
consideration, this person wiU be 
considered to have a total of four 
years of related experience. [Four 
yrs. (maximum possible unrelated 
service credit) less two yrs. (related 
military service held by the applicant 
beyond that necessary for minimum 
qualification) equals two yrs. 
(amount of the six years unrelated 
service which can be credited)]. 

Example B : An eligible veteran 
has only enougli related military 
service to qualify for the minimum 
education and experience 

requirement of the vacancy being 
applied for, but has two years, three 
months of unrelated military service. 
This person will receive a two year, 
three month experience credit. 
[Four yrs. (maximum possible 
unrelated service credit) less zero 
(related military service held by the 
applicant beyond that necessary for 
mLnimum qualification) equals four 
yrs. (four yrs. could be credited for 
unrelated service time, however, the 
person in this instance can only 
claim two yrs., three mos., the actual 
amount of unrelated time served)]. 

(e) After applying the preference, 
the qualified veteran shall be hired 
when his/her ovcraU qualifications 
are substantially equal to one or 
more non-veterans in the applicant 
pool. Substantially equal 

qualifications occur when the 
emplo\er caimot make a reasonable 
determination that the qualifications 
held by one or more persons are 
significantly better suited for the 



NORTH CAROLINA REGISTER 



103 



PROPOSED RULES 



position than the qualifications held 
by another person. 

(0 In reduction in force situations 
where seniority or years of service is 
one of the considerations in 
retention, the eligible veteran shall 
be accorded one year of state service 
for each year or fraction theret)f of 
military service, up to a maximum of 
five years credit. 



Statutory Authority G.S. 
126-4(10); 128-15. 



126-4(4): 



.0615 



ALLEGATlOiN OF DENIAL OF 
VETERAN'S PREFERENCE 

Any claim or allegation that 
veteran's preference has not been 
accorded to an eligible veteran must 
be filed with either the Office of 
State Persormel or the Office of 



Administrative Hearings. Such 

claims must be fded in a manner 
consistent with the requirements of 
G.S. 150B-23 and no later than 30 
days from the receipt of the notice 
or decision which the claim is based 
upon. Such claims shall be heard as 
contested cases pursuant to G.S. 
150B-2(2) and G.S. 150B, Article 3. 
The State Personnel Commission, 
may, upon a fmding that veteran's 
preference was denied in violation of 
these rules, order the hiring or 
reinstatement of any affected person, 
as well as any other remedy 
necessary to correct the violation. 

Statutory Authority G.S. 126-4(10); 
126-4(11); 126-37; 126-38; 

150B-2(2): 150B, Article 3. 



104 



NORTH CAROLINA REGISTER 



FINAL RULES 



When the text of any adopted 
rule differs from the text of that rule 
as proposed, upon request from the 
adopting agency, the text of the 
adopted rule will be published in this 
section. 

When the text of any adopted 
rule is identical to the text of that as 
proposed, adoption of the rule will be 
noted in the "List of Rules Affected" 
and the text of the adopted rule will 
not be republished. 

Adopted rules filed by the 
Departments of Correction, Revenue 
and Transportation are published in 
this section. These departments are 
not subject to the provisions of G.S. 
J 503, Article 2 requiring publication 
of proposed rules. 

TITLE S - DEPARTMENT OF 
CORRECTION 

CHAPTER 2 - DIVISION OF PRISONS 

SUBCHAPTER 2A - ORGANIZATION 

AND 

PERSONAL CONDUCT 

SECTION .0200 - CONDUCT OF 
EMPLOYEES 

.0202 CONDITIONS OF EMPLOYMENT 

(5) receives conviction for 
driving while unpaired (DWI). An 
employee convicted of a first offense 
of driving while impaired must at 
least be reprimanded and if this first 
offense involves any aggravating 
circumstances, the employee must at 
least be issued a fmal written 
warning. Absent extraordinary 

circumstances, employees convicted 
of two or more offenses of driving 
while impaired within a five year 
period shall be dismissed. Whenever 
an employee certified by the 
Criminal Justice Education 

Standards Commission is convicted 
of driving under the influence, the 
commission will be notified. The 
Secretar>' of the Department of 
Correction will make a 

recommendation to continue or 
revoke certification. The 

commission may approve or reject 
the secretary's recommendation. 
Whenever certification is revoked, 
the employee must be dismissed. 



The decision of the commission is 
fmal. 

(e) Use of Inmate Labor, 
State Owned Supplies and 
Equipment 

(1) No work win be done 

in any shop or by any inmate 
for the private purposes of any 
employee or any other person 
except as specifically authorized 
by law or regulation. Further, 
no employee or any other 
person shall derive either direct 
or indirect benefit from the use 
of inmate labor. 

(2) No employee will consume 

or use equipment, facilities, or 
supplies, including scrap 
material, except as he may be 
legally entitled to do. All 
equipment, facilities, and 
supplies provided by the 
department wiU be used 
according to design and 
instructions for the safety of 
inmates, personnel, and other 
persons. Provided, the transfer 
and disposition of all surplus 
state property, including scrap 
material, shall be conducted in 
accordance with procedures 
established by the Department 
of Administration, Division of 
Purchase and Contract, codified 
at 1 NCAC 4G .0100 through 
4G .0500. No state-owned 
property will be transferred or 
sold without written 

authorization of the State 
Purchasing Officer. Food, 

cleansers, and other supplies 
will be used according to recipes 
and instructions. 

History Note: Statutory Authority 
G.S. 148-3; 148-11; 148-23; 
Eff February I, 1976; 
Amended Eff May I, 1987; August 

I, 1983. 

SUBCHAPTER 28 - IN.MATE CONDUCT 
RULES: DISCIPLINE 

SECTION .0100 - GOOD TIME AND 
GAINED TIME 

.0103 <;A1\ TIME 
(Ti) Work Perfonncd louring 
Emergency Conditions. All 
inmates are eligible for 
additional sentence reduction 
credits for work performed 



NORTH CAROLLWA REGISTER 



105 



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during emergency conditions. 
Such conditions may include 
rain, sleet, snow, or other 
unusual or abnormal 

circumstances as determined by 
the appropriate approving 
authority. 
(5) Prison Population Reduction. 
All inmates shall be eligible for 
additional sentence reduction 
credits for good conduct during 
prison population reduction 
pursuant to G.S. 148-4 1(d). 

History Note: Filed as a Temporary 
Amendment Eff. March 21 . 1987, 
for a Period of 43 Days 
to Expire on May I, 1987; 
Statutory Authority G.S. 14S-I I; 
148-13: ISA- 1 340.7; 
Eff February I, 1976; 
Amended Eff May I, 1987; 
October I. 1987; September I, 1985: 
April I. 1985. 

SLBCHAPTER 2F - CLSTOUY AND 
SECURITY 

SECTIO.N .2000 - G. S. 148-4.1 EAREY 
PAROLE 

.:002 PRISON POPULATION 
MANAGEMENT 

(a) Whenever the Secretary of 
Correction determines from data 
compiled by the Department of 
Correction that it is necessar> to 
reduce the prison population to a 
more manageable level, the secretary 
shall direct the Parole Commission 
to release on parole over a 
reasonable period of time a number 
of prisoners sufficient to that 
purpose. 

(b) In addition, whenever prison 
population reduction pursuant to 
G.S. 148-4. 1(d) is in effect, the 
secretary may not accept any 
prisoners ordered transferred from 
local confinement facilities under 
G.S. 148-32. 1(b), Further, the state 
may return any prisoners housed in 
the state prison system under an 
order entered pursuant to . G.S. 
148-32. 1(b) to the local coi.rinrment 
facility from which the prisoner was 
transferred. 

Historv Note: Filed as a Temporary 
Amendment Eff. March 21, 1987, 
for a Period of 43 Days 
to Expire on .\lay J, J 987; 



Filed as a Temporary Amendment 

Eff November 19, 1986, 

for a Period of 44 Days 

to Expire on January 1 , 1987; 

Filed as a Temporary Rule 

Eff April 22, 1985, 

for a Period of 71 Days 

to Expire on July 1 , 1985; 

Statutory Authority G.S. 148-4.1; 

148-11; 

Eff July I. 1985; 

Amended Eff May 1, 1987; 

January 1, 1987. 

.2003 CRITERIA (REPEALED) 
.2004 SCREENING (REPEALED) 
.2005 CERTIFICATION (REPEALED) 

History Note: Filed as a Temporary 
Repeal Eff March 21. 1987. 
for a Period of 43 Days 
to Expire on May 1 . 1987; 
Filed as a Temporary Amendment 
Eff November 16, 1986, 
for a Period of 44 Days 
to Expire on January 1 , 1987; 
Filed as a Temporary Rule Eff. 
April 22, 1985, for a Period of 
'71 Days to Expire on July I, 1985; 
Statutory Authority G.S. 148-4.1; 
148-11: 

Eff July 1. 1985; 
Amended Eff. January 1 , 1987; 
Repealed Eff May 1. 1987. 

.2006 PAROLE COMMISSION 
REVIEW (REPEALED) 

History Note: Filed as a Temporary 
Repeal Eff March 21, 1987, 
for a Period of 43 Days 
to Expire on May 1 , 1987; 
Filed as a Temporary Amendment 
Eff November 19, 1986. 
for a Period of 44 Days 
to Expire on January 1 , 1987; 
Filed as a Temporary Rule Eff. 
April 22, 1985, for a Period of 
71 Days to Expire on July 1 , 1985; 
Statutory Authority G.S. 15A-1380.2; 
148-4.1; 148-11; 
Eff July 1. 1985; 
.Amended Eff. January 1, 1987; 
Repealed Eff. May I. 1987. 

CHAPTER 4 - PAROLE CO.M.MISSION 

SUBCHAPTER 4C - POLICY: REVIEW 
AND INVESTIGATION 

SECTION .1800 G.S. 148-4.1 EARLY 
PAROLE 

.1801 PURPOSE (RhTEALED) 



106 



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History Note: Filed as a Temporary 
Repeal Eff. March 21, 1987, for a 
Period of 43 days to Expire 
on May 1, 1987; 
Filed as a Temporary Rule Eff. 
April 22, 1985, for a Period of 
71 Days to Expire on July I, 1985; 
Statutory Authority G.S. 148-4.1; 
148-57; 

Eff July I, 1985; 
Repealed Eff May 1, 1987. 

.1802 ADMISSION OF INMATES 
SENTENCED UNDER FAIR 
SENTENCING ACT 
(REPEALED) 

History Note: Filed as a Temporary 
Repeal Eff March 21, 1987. for a 
Period of 43 Days to Expire on 
May I, 1987; 

Filed as a Temporary Rule Eff. 
April 22, 1985, for a Period of 
71 Days to Expire on July 1, 1985; 
Sfalutory Authority G.S. 148-57; 
Eff July 1, 1985; 
Repealed Eff May 1, 1987. 

.1803 PROCEDURE (REPEALED) 
.1804 REVIEW BY PAROLE 

COMMISSION ANALYST 

(REPEALED) 
.1805 PAROLE COMMISSION 

REVIEW (REPEALED) 

History Note: Filed as a Temporary 
Repeal Eff March 21, 1987, 
for a Period of 43 Days 
to Expire on May 1 , 1987; 
Filed as a Temporary Amendment 
Eff November 19, 1986, 
for a Period of 44 Days 
to Expire on January 1 , 1987; 
Filed as a Temporary Rule 
Eff April 22, 1985, 
for a Period of 71 Days 
to Expire on July 1 , 1985; 
Statutory Authority G.S. 148-4.1; 
148-57; 

Eff. July 1, 1985; 
Amended Eff. January 1 , 1987; 
Repealed Eff May 1, 1987. 

.1806 PAROLE CONDITIONS 
(REPEALED) 

History Note: Filed as a Temporary 
Repeal Eff March 21, 1987, for a 
Period of 43 Days 
to Expire on May I, 1987; 
Filed as a Temporary Rule Eff. 
April 22, 1985. for a Period of 



71 Days to Expire on July 1, 1985; 
Statutory Authority G.S. 15A- 1380.2; 
148-4.1; 148-57; 
Eff July 1, 1985; 
Repealed Eff May 1, 1987. 

TITLE 17 - DEPARTMENT OF REVENUE 

CHAPTER 6 - INDIVIDUAL INCOME 
TAX 

SUBCHAPTER 6B - INDIVIDUAL 
INCOME TAX 

SECTION 3800 MISCELLANEOUS 
RULES 

J802 DEDUCTIONS 

(w) A person held liable for 
payment of a penalty equal to the 
tax withheld or required to have 
been withheld but not paid by an 
employer, may not subsequently 
claim an income tax deduction for 
payment of the penalty. 

History Note: Statutory Authority 
G.S. 105-147(1); 105-147(7); 
105-147(9)a; 105-147(10); 
105-147(24); 105-147(28); 
105-148(1); 105-148(2); 
105-148(8); 105-262; 
105-147; 

Eff February 1, 1976; 
Amended Eff April 1, 1987; 
February I, 1987; August 1, J 986; 
June 1, 1982. 

SUBCHAPTER 6C - WITHHOLDING 

SECTION .0100 - WITHHOLDING 
INCOME TAX 

.0102 WITHHOLDING FROM 
WAGES 

Employers must withhold North 
Carolina income tax from the wages 
paid to their employees according to 
tables prepared by the North 
Carolina Department' of Revenue or 
by using an acceptable alternate 
method and they must pay over the 
amount withheld to the department. 
North Carolina does not employ a 
depository system for income tax 
withheld. The amount withheld is 
deemed by law to be held in trust by 
the employer for the Secretary of 
Revenue. The tax withheld or 
required to be withheld is due to be 
paid at the same time that the 
withholding tax report is required to 
be filed. Whenever the Department 
of Revenue determines that 



NORTH CAROLINA REGISTER 



107 



FINAL RULES 



collection of the tax is in jeopardy, 
an employer may be required to 
report and/or pay the tax at any 
time after payment of the wages 
from which the tax should be 
withheld. I'he manner in which this 
is required to be done is explained m 
the booklet, Income Tax 

Withholding Tables and Instructions 
for Employers, Form NC-30. 

A penalty of 25 percent of the 
amount due is imposed for failure to 
withhold the tax, to file the report 
on time, or to pay the tax when due. 
Criminal penalties are provided for 
willful failure to withhold the tax, to 
file a return, or to pay the tax when 
due. 

Any person required to collect, 
truthfully account for, and pay over 
income tax required to be deducted 
and withheld, who fails to collect 
and pay o\er such amount to the 
Secretary of Revenue shall be 
personally liable for a penalty equal 
to the total amount not collected or 
not accounted for and paid to the 
Secretary of Revenue. If an 

cmploser has failed to collect, or pay 
over income tax withheld or required 
to have been withheld, a 100 percent 
penalty may be asserted against the 
responsible corporate officers, 
directors, employees, stockholders, 
or other such responsible person 
whenever such taxes cannot be 
immediately collected from the 
employer. More than one person 
may be hable as a person responsible 
for the payment of withholding 
taxes; however, the amount of the 
income tax witliheld or required to 
have been withheld will be collected 
only once, whether from the 
employer or one or more responsible 
persons. The term "responsible 
persons" includes any person who is 
in a position to control the finances 
of the employer or has the authority 
or ability to determine which 
obhgations should or should not be 
paid. Responsibility is a matter or 
status, duty and authority, not 
knowledge. For the penalty to 
apply, it is not necessary that the 
failure to collect and pay the 
withholding amounts was willful; it 
is only necessary that the responsible 
person failed to pay the tax withheld 
or required to have been withheld to 



the Secretary of Revenue regardless 
of his reasons or the knowledge he 
had of such failure. 

History Note: Statutory Authority 
G.S. '105-163.1(4); 105-163.1(5): 
105-163.1(6); 105-163.3; 105-163.6; 
105-163.18; 105-262; 105-163.1; 
105-163.2; 105-163.6; 
Eff. February 1. 1986; 
Amended Eff. April 1, 1987. 

SUBCHAPTER 9G -MOTOR FUELS 
TAX DIVISION 

SECTION .0500 -REFUNDS 

.0505 STATIONARY ENGINE 

MOUNTED ON A LICENSED 
MOTOR VEHICLE 

\o refund is due on motor fuels 
used to operate a stationary engine 
mounted on a licensed motor 
vehicle, except concrete mixer 
vehicles, solid waste compacting 
vehicles and certain agricultural 
delivery vehicles as defined by G.S. 
105-446.5, if motor fuel is used from 
the same storage tank mounted on 
the vehicle for the purpose of 
operating both the stationary engine 
and the engine used to propel a 
licensed motor vehicle over the 
streets and highways. 

History Note: Statutory Authority 
G.S. 105-262; 105-446; 
105-446.5; 

Eff January 1, 1983; 
Amended Eff May 1, 1987. 

.0512 "MUNICIPALITIES" 

AND -CONTIGUOUS" 
MUNICIPALITIES 

In order to define municipalities 
and contiguous municipalities, the 
.Motor Fuels Tax Division will 
follow the Utilities Commission 
Rule R2-69: 
Rule R2-69; Intracity Bus Carriers. 
(a) Towns and Municipalities. 
Unless and until determined by the 
commission m particular cases, all 
towns and mumcipahtics shall for 
the purpose of the administration 
of G.S. 62-260 include a zone 
adjacent thereto as follows: 

(1) a zone with one-fourth mile 

of the corjxjrate limits if the 
municipahtv has a papulation of 
2,500 or less; 

(2) a zone within one-half mile 



108 



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FINAL RULES 



of the corporate limits if the 
municipality has a population of 
between 2,500 and 10,000; 

(3) a zone within one nule 

of the coqjorate limits if the 
municipality has a population of 
between 10,000 and 100,000; 

(4) a zone within two miles 

of the corporate limits if the 
municipality has a population of 
more than 100,000; 

(5) municipalities whose 
commercial zones join shall be 
considered as one municipality 
for the purpose of this Rule. 

History Note: Statutory Authority 
G.S. 105-262; 105-446.3; 
Eff. January I, 1983; 
Amended Eff. May I, 1987. 

SUBCHAPTER 91 - HIGHWAY FL'KL 
USE TAX 

SECTION .0200 - NORTH CAROLINA 
FUEL PURCHASES 

.0202 WITHDRAWALS FROM 
BULKSTORAGE 

A person maintaining bulk 
storage of North Carolina tax paid 
motor fuel is entitled to credit on the 
highway fuel use tax report based on 
the date the fuel is put into the 
motor vehicle, not on the date of 
purchase. 

An accounting of tax paid motor 
fuels purchased and used by any 
person maintaining bulk storage of 
tax paid motor fuel in North 
Carolina is required. 

History Note: Statutory Authority 
G.S. 105-262; 105-449.39; 
Eff January 1, I9S3; 
Amended Eff. May I, 1987. 

SECTION .0500 - REGISTRATION 

CAR US 
AND IDENTIFICATION MARKERS 

.0502 REGISTRATION OF HEAVY 
VEHICLES LICENSED l.\ 
NORTH CAROLINA 

Motor carriers operating a heavy 
vehicle that is licensed in North 
Carolina pay the ten dollar ($10.00) 
fuel registration fee at the time the 
license plate is purchased. The 
motor carrier must complete a 
questionnaire from the .Motor Fuels 
Tax Division regarding special fuels. 

Motor carriers operating all 



vehicles wholly within North 
Carolina are exempted from filing 
quarterly highway fuel use reports; 
however, motor carriers and 
operators of vehicles licensed under 
the motor vehicle laws for over 6,000 
pounds must register with the Motor 
Fuels Tax Division and file all 
applicable reports under the Special 
Fuels Tax Act. 

History Note: Statutory Authority 
G.S. 20-88.01; 105-262; 
105-449.3; 105-449.9; 105-449.32; 
105-449.45; 105-449.47; 105-449.48; 
105-449.50; 
Eff January I. 1983; 
Amended Eff May 1, 1987. 

.0504 NO VEHICLE REGISTRATION 
REQUIRED 

A motor vehicle not designed 
for the purpose of pulling a trailer by 
the manufacturer and not modified 
to the extent that the vehicle 
becomes a tractor-type truck for the 
purpose of pulling a trailer is not 
required to be registered. 

( 1 ) A person installing a 

trailer hitch on a pickup truck to 
pull a mobile home docs not 
have to register the vehicle; 

(2) A person who shortens the 
bed of a pickup truck to pull a 
mobile home does have to 
register the vehicle. 

History Note: Statutory Authority 
G.S. 105-262; 105-449.47 
through 105-449.49; 
Eff January I, 1983; 
Amended Eff May 1, 1987. 

TITLE 19 - DEPARTMENT OF 
TRANSPORTATION 

CHAPTER 3 - DIVISION OF MOTOR 
VEHICLES 

SUBCHAPTER 31 - RULES AND 

REGULATIONS 

GOVERNING THE LICENSING OF 

COMMERCIAL DRIVER TRAINING 

SCHOOLS AND INSTRUCTIONS 

SECTION .0100 - GENERAL 
PROVISIONS 

.0101 LOCATION OF DIVISION 
OF MOTOR VEHICLES 

The School Bus and Traffic Safety 
section of the North Carolina 
Division of .Motor Vehicles is 
located at: 



NORTH CAROLI.XA REGISTER 



109 



FINAL RULES 



1 100 New Bern Avenue 
Raleigh, North Carolina 
27697 
All forms required by these rules 
and regulations (hereinafter referred 
to as "regulations") may be obtained 
at this address. 

History Note: Statutory Authority 
G.S. 20-1: 
Eff. July 2. 1979: 
Amended Eff. May I. 1987. 

.0104 DEFINITIONS 

As used in these Regulations: 

(1) "Commercial Driver Training 
School Branch Office" or 
"Branch" is a training facility 
operated by a commercial driver 
training school at a location 
different than the principal place 
of busmess, where the education 
and training of persons, cither 
practical or theoretical, or both, 
to operate or drive a motor 
vehicle is carried on and 
consideration or tuition is 
charged therefor. 

(2) "Hearmg Officer" mjans 

an officer or employee of the 
division appointed by the 
commissioner, who has a 
minimum of five years of 
experience as a supervisor and 
thorough knowledge of the laws 
and regulations governing the 
division. 

(3) "Representative" means a 
duly authonzed employee of the 
Division of Motor Vehicles. 

(4) "Restricted Commercial Driver, 
Training School" means a 
commercial driver training school 
which is restricted to a 
curriculum of evaluation for 
licensed adult drivers only. 

History Note: Statutory Authority 
G.S. 20-4.01; 20-320: 20-321: 
Eff July 2, 1979: 
Amended Eff May 1, 1987: 
June 1. 1982. 

SECTION .0200 - REQLTREMENTS ANU 

.APPLICATIONS FOR CO.MMERCIAL 

DRIVER TRAINING SCHOOLS 

.0201 REQUIREMENTS 

The division shall not issue a 
commercial driver training school 
license to anv individual. 



partnership, group, association or 
corporation unless: 

(1) The individual, partnership, 
group, association or corporation 
has at least one motor vehicle 
registered or leased in the n'jne 
of the school, which vehicle has 
been inspected by a 
representative of the division and 
vehicle insurance certified as 
required by these Regulations for 
use by the school for driver 
training purposes and driver 
instruction. 

(2) The individual, partnership, 
group, association, or 
corporation has at least one 
person licensed by the division as 
a commercial driver training 
instructor for that school. 

(3) Each manager or owner 
-operator of a commercial driver 
training school or branch shall: 

(a) be of good moral character; 

(b) have at least four years 

of experience as a licensed 
operator of a motor vehicle; 

(c) not have been convicted 

of a felony or convicted of a 
misdemeanor involving moral 
turpitude in the 10 years 
immediately precedmg the date 
of application; 

(d) not have had a revocation or 
suspension of his operator's or 
chauffeur's license in the two 
years immediately preceding the 
date of application. 

History Note: Statutory Authority 
G.S. 20-322: 
Eff July 2, 1979: 
Amended Eff May 1, 1987; 
June 1. 1982. 

.0202 ORIGINAL APPLICATION 

Each original application for a 
commercial driver training school 
license shall consist of the following: 

(1) Application for license; 

(2) Personal history statement 

of owner-operator or manager. 
This information is confidential 
and for use by the division only; 

(3) Proposed plan of operation; 

(4) Proof of liability insurance; 

(5) Sample copies of contracts; 

(6) A check or money order in 
the amount of fortv dollars 
($40.00). This fee is due for 



no 



SORTH CAROLINA REGISTER 



FINAL RULES 



both original and renewal 
applications for license; 

(7) Certificate of assumed name; 

(8) Surety Bond. 

History Note: Statutory Authority 
G.S. 20-322 through 20-324; 
Eff. July 2, 1979; 
Amended Eff. May 1, 1987; 
June I, 1982. 

.0204 DUPLICATE COPIES 

All applications, either original 
or renewal, for a commercial driver 
training school or branch shall be 
completed in duplicate. The original 
copy of each form shall be submitted 
to the School Bus and Traffic Safety 
Section of the Division of Motor 
Vehicles at the address specified in 
rule .0101 of this Subchapter. A 
copy of each form shall be filed at 
the place of business. 

History Note: Statutory Authority 
G.S. 20-322 through 20-324; 
Eff. July 2, 1979; 
Amended Eff May I, 1987. 

.0205 CHANGES IN APPLICATION 
INFORMATION 

The division must be notified in 
writing within 10 days of any 
changes in the officers, directors, or 
manager of any school or branch. 
The division must also be informed 
within 10 days of the addition or 
deletion of any motor vehicles, and a 
supplemental schedule of motor 
vehicles must be filed. 

(Supplemental motor vehicle 
schedules shall be accompanied by a 
prop>erIy executed insurance 

certificate.) If the school has a 
change in ownership, the new owner 
must fUe an Original Application 
with the division as described in 
Rule .0202 and be approved by the 
division before beginning operation 
of the school under the new 
ownership. Failure to inform the 
division of the required changes shall 
be grounds for suspension or 
revocation of the license. 

History Note: Statutory Authority 
G.S. 20-322 through 20-324; 
Eff July 2, 1979: 
Amended Eff May f 1987. 

.0206 LICENSE FEES (REPEALED) 



History Note: Statutory Authority 
G.S. 20-324; 
Eff July 2. 1979; 
Amended Eff June I, 1982. 
Repealed Eff May I, 1987. 

.0208 SURRENDER OF LICENSES 

Any licensed commercial driver 
training school or branch which 
ceases to carry on the business of 
giving instruction for hire in the 
driving of motor vehicles or which 
has a change of ownership shall, 
within five days, surrender its 
commercial driver training school 
license and all instructor licenses 
issued to driver training instructors 
employed by the school. 

History Note: Statutory Authority 
G.S. 20-322 through 20-325; 
Eff July 2, 1979; 
Amended Eff May I, 1987. 

SECTION .0300 - SCHOOL LOCATION: 
PHYSICAL FACILITES: AND 
COURSES OF INSTRUCTION 

.0304 URANCHES (REPEALED) 

History Note: Statutory Authority 
G.S. '20-322 through 20-324; 
Eff July 2, 1979; 
Repealed Eff May I, 1987. 

.0306 INSPECTIONS 

The division shall make periodic 
inspections (at least annually) of 
schools and branches to determine 
compliance with laws and 
regulations. The inspection shall be 
made during regular business hours 
by authorized representatives of the 
division. Inspections shall include 
examination of all school records; 
contracts; classroom facilities; 
training devices; instructional 
materials and instructional methods; 
vehicles; and any other item required 
by law or regulation. Each owner, 
partner, associate, corporate officer, 
or employee of any commercial 
driver training school siiall cooperate 
with the division's representative 
.and, upon demand, shall exhibit all 
records instructional aids and 
equipment, and any other items 
which are required for the 
inspection. Refusal to permit 

inspections shall be grounds for 
revocation of the license. Records 



NORTH CAROLINA REGISTER 



in 



FINAL RULES 



shall be retained by the school for a 
period of three years. 

History Note: Statutory Authority 
G.S. 20-231 through 20-324: 
Eff. July 2. 1979; 
Amended Eff. May I. 1987; 
June I, I9S2. 

.0307 COLRSES OF INSTRUCTION 

Commercial driver training schools 
are authorized to teach the following 
courses: 

(1) For unlicensed persons 18 
years of age or older, a course as 
follows: 

(a) Classroom Instruction. A 
minimum of six hours, 
including (but not limited to) 
rules of the road and other laws 
and regulations affecting the 
operation of motor vehicles, 
safe driving practices, pedestrian 
safety, and the general 
responsiblities of the dnver. 

(b) Behind-the-VVheel 
Instruction. A minimum of six 
hours, including instruction and 
practice in all the ba^ic physical 
skills necessary tor proper 
control of a motor vehicle in all 
normal driving situations, such 
as starting, stopping, steering 
and turning, controlling the 
vehicle in traffic, backing, and 
parking. 

(c) A person holding a valid 
learner's permit issued by the 
Driver License Section of the 
division shall not be required to 
take the six hours of classroom 
instruction set forth in 
Subparagraph (a) of this 
Paragraph. 

(d) A person holding a valid 
learner's permit or driver's 
license issued by the • Driver 
License Section of the division 
may contract for any portion of 
the six-hour behind-the-wheel 
instruction. 

(2) For licensed persons a 
course for purposes of driver 
improvement, such as improving 
their knowledge and skill in the 
operation of a motor vehicle. 

(3) lor unlicensed persons under 
the age of 18 years, a course 
which must be approved by the 
commission and the State 



Superintendent of Public 
Instruction as follows: 

(a) Classroom Instruction. A 
minimum of 30 hours, 
consisting of instruction in: 

(i) highway transportation: 
its social and economic 
influence upon life in 
America; 

(ii) drivers: their physical 

and mental characteristics and 
how their capabilities and 
limitations influence the 
traffic scene; 

(iii) the automobile: its 

construction, maintenance, 
and safe operation; 

(iv) traffic law and 

enforcement: laws of nature 
and man-made laws; and their 
relationship to traffic safety; 

(v) pedestrians and bicycles: 
their influence upon the 
traffic scene; and 

(vi) engineering: its influence 
upon automobiles, highways, 
traffic controls, and people; 

(vii) driving while impaired: 
six (6) hours of instruction on 
the effects of drinking upon 
driving and upon accident 
and death rates; and 

(viii) rights and privileges of 
handicapped persons; their 
rights to use flags, placards, 
cars, Ucense plates, and 
parking places. 

(b) Behind-the-\Vheel- 
Instruction. A minimum of six 
hours, actually under the wheel, 
including: 

(i) familiarization with the 
automobile; the use of its 
controls; and the 

development of skills essential 
to safe operation in traffic; 
and 
(ii) driving in traffic with the 
instructor in a dual control 
car to develop abilities needed 
to follow the soundest course 
of action in responding to 
complex situations. 

(c) Restrictions: 

(i) Bchind-the-\Vheel 
instruction shall be offered to 
a student only after he has 
successfully completed the 
classwork section. If a 

student has contracted for 



112 



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FINAL RULES 



both classwork and 

behind-the-wheel training, 
these may be taught 
concurrently. 

(ii) No student shall operate 
a motor vehicle upon any 
public street or highway 
unless such student shall have 
in his immediate possession a 
valid learner's permit issued 
by the division. 

(iii) No more than three hours 
of behind-the-wheel training 
shall be given in any one day. 
A written record indicating 
the date and time of this 
training should be kept on fde 
for each student, 
(d) Other requirements: 

(i) Plans for the content of 
the curriculum, its 

organization, and presentation 
shall be submitted on Form 
SBTS-610 for the approval of 
the commissioner and the 
State Superintendent of 
Public Instruction. This 

course should meet the 
minimum requirements of the 
Driver Education Course 
(No. 881, see page 16) of the 
North Carolina Department 
of Public Instruction. For 
further information, see 
"Driver Education, A Manual 
for Instructors" (State 
Department Public 

Instruction, Publication 

Number 288). 

(ii) Textbooks for use in the 
classwork section are to be 
chosen from those approved 
by the State Superintendent 
of Public Instruction. 

(iii) Instructors must be 

approved by both the 
commissioner and the State 
Superintendent of Public 
Instruction. 

(iv) AH expenses incurred Ln 
offering and teaching these 
courses shall be paid by the 
persons enrolled therein or 
the school offering the course. 

(v) A student may enroll for 
either the classroom work or 
behind-the-wheel instruction, 
or both. A school may 
accept certification of 

satisfactory completion of 



classroom instruction from 
any school authorized to offer 
such a course, provided the 
certificate (Form SBTS-611A) 
is signed by the principal of 
the public school, or the 
superintendent of the 
administrative unit of which it 
is a part, or the executive 
officer of a non-public 
secondary school or a 
commercial driver training 
school, 
(vi) Schools offering this 

course shall issue to their 
students upon satisfactory 
completion of either or both 
parts of the course a 
certificate furnished by the 
division (Form SBTS-611). 
Schools shall be accountable 
to the division for all 
certificates issued to them, 
(vii) The student, upon 

submitting certification of 
satisfactory completion of 
both parts of the driver 
education course, shall be 
eligible for licensing as 
provided by law. Such 

certification may be from 
either or both a public or 
non-public secondary school 
or a commercial driver 
training school, 
(viii) Schools shall submit 
reports to the division; as 
may be required by the 
division, and their books and 
records shall be open to 
inspection by division 
representatives at all 

reasonable times, 
(4) For licensed persons taking 
a course offered by a restricted 
commcrci;d driver training 
school, the following courses are 
authorized: 

(a) curriculum for evaluation 
and improvement for licensed 
adult drivers only, utilizing 
over-the-road observation in 
vehicles not owned by the 
school or equipment such as 
driving simulators; 

(b) professional curricula, 
including one or more of the 
following: 

(i) police pursuit driving; 
(ii) auto-cross driving; 



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(iii) emergency-vehicle driving, 

or 
(iv) road and track racing. 

History Sole: Statutory Authority 
G.S. 20-322 through 20-324; 
Eff. July 2. 1979: 
Amended Eff. May I, 1987; 
March I, 1983; February J, 1982; 
June I. 1982. 

StCTIO.N .0400 - MOTOR VECHILtS 
LSED IN INSTRUCTION 

.0402 REGISTRATION: INSURANCE: 
INSPECTION 

(a) Each \ehicle used by the 
school shaU be registered as required 
by Chapter 20 of the Genera] 
Statutes of North Carolina, and bear 
a current inspection certificate. 

(b) Each vehicle used by the 
school shall be insured by a 
company licensed to do business in 
North Carolina against liability in 
the amount of at least twenty 
thousand dollars ($20,000) because 
of injury to or destruction of 
property of others in any one 
accident, fifty thousand dollars 
($50,000) because of bodily injury to 
or death of one person in any one 
accident, and one hundred thousand 
dollars ($100,000) because of bodUy 
injur)' to or death of two or more 
persons in any one accident. This 
insurance coverage shall be secured 
on an annual basis. In the event 
coverage for any vehicle used for 
driver instruction or training shall 
not be renewed, the school shall gi\e 
written notice to the division at least 
10 days prior to the expiration date 
of the coverage. A certificate of 
insurance coverage shall be filed by 
the insurance underwriter with the 
division. Cancellation shaU be 
accomplished upon 15 days prior 
written notice to the division by the 
insurance underwriter. 

(c) Each vehicle used by a 
school shall be listed and inspected 
in the manner prescribed on Fonn 
SBTS-605. In addition, each \chicle 
shall be inspected and appro\ed by a 
representative of the division before 
it is used. Each vehicle shall be 
inspected and approved by a 
reprcscntati\e of the di\ision 
annually and at any other reasonable 



time as indicated by the 
circumstances. 

History Note: Statutory Authority 
G.S. 20-321 through 20-324; 
Eff. July 2. 1979; 
Amended Eff May 1. 1987. 

.0403 EXEMPTION AND SPECIAL 
REQUIREMENT 

Restricted commerLial driver 
training schools shall be exempt 
from the equipment requirements of 
Rule .0401 of this Section. All 
vehicles used in the instructional 
program shall meet the equipment 
requirements of Chapter 20 of the 
North Carolina General Statutes. 

History Note: Statutory Authority 
G.S. 20-322 through 20-324; 
Eff July 2, 1979; 
Amended Eff May 1, 1987. 

SECTION .0500 - REQUIREMENTS AND 

APPLICATIONS FOR DRIVER 

TRAINING INSTRUCTOR 

.0501 REQUIREMENTS 

Each instructor of a commercial 
driver training school or branch 
shall: 

(1) be of good moral character; 

(2) have at least four years of 
experience as a licensed operator 
of a motor vehicle; 

(3) not have been convicted of a 
felony or convicted of a 
misdemeanor involving moral 
turpitude in the 10 years 
immediately preceding the date 
of application; 

(4) not ha\e had a revocation or 
suspension of his driver's license 
m the two years immediately 
preceding the date of 
application; 

(5) have graduated from high 
school or hold a high school 
equivalency certificate; 

(6) not have had convictions for 
moving violations totaling seven 
or more points in the year 
preceding the date of 
application; 

(7) have completed the two- 
semester-hour, college credit 
prcparator)' course for teachers 
or an equivalent course 
approved by the commissioner 
(Fonm SBTS-613). The coUege 



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credit course is not required for 
restricted school instructors. 

History Note: Statutory Authority 
G.S. 20-322 through 20-324; 
Eff. July 2. 1979; 
Amended Eff. May I, 1987; 

June I, 1982. 

.0502 ORIGINAL APPLICATION 

Each original application for a 
commercial driver training instructor 
license shall consist of: 

( 1 ) a combination application 
and personal history form which 
must be completed and signed by 
the applicant; 

(2) a physical examination report 
completed and signed by a 
licensed physician; 

(3) satisfactory evidence of high 
school graduation or equivalency; 

(4) evidence of completion of an 
approved driver education 
course; 

(5) a driver license record check 
for the previous three years if 
applicant has other than a North 
Carolina driver license; and 

(6) a check or money order in the 
amount of eight dollars ($8.00). 

History Note: Statutory Authority 
G.S. 20-232 through 20-324; 
Eff July 2, 1979; 
Amended Eff May I. 1987; 
June 1, 1982. 

.0503 RENEWAL APPLICATION 

(a) Renewal application shall be 
made by an instructor annually 
between May 1 and June 10 of each 
year. All licenses expire on June 30 
of each year, and no instructor i.s 
pennittcd to operate with an expired 
license. However, applications for 
renewal may be accepted for up to 
30 days from the date of expiration. 
Any Ucense expired for more than 30 
days shall be deemed permanently 
lapsed; and 'renewal of such license 
must be by the same process as 
required for an entirely new license, 
with all forms and certifications 
being required. 

(b) At least once every four years, 
an instructor must take the 
two-semester-hour college credit 
course required for the original 
license; provided, however, that an 
equivalent number of hours (40) can 



be substituted for this course in the 
following manner: 

(1) Twelve (12) hours (three for 
each full year of the four years) 
for active and continuing 
teaching of driver education; 

(2) Twenty-eight (28) or more 
hours for attendance at teacher 
training workshops and short 
courses, professional driver 
training meetings and 
conferences in the field of driver 
education which have been 
approved in advance by the 
School Bus and Traffic Safety 
Section. Approval is to be 
given in the following manner: 

(A) Pre-Course (submit for 
approval): 

(i) Name and address of 
agency sponsoring the 
workshop, course or 
conference; 

(ii) Title, dates, and 

location of the workshop, 
course, or conference; 

(iii) Brief description of 
the workshop, course, or 
conference, including the 
number of hours; 

(B) Post-Course (submit for 
approval and credit): 

(i) Proof of attendance, 
number of contact hours 
actually attended, and 
passing grade (if 

applicable); 
(u) Brief evaluation of 
the workshop, course, or 
conference, 
(c) An accredited driver 
education teacher with a current 
certificate based on the requirements 
of the Department of Public 
Instruction is exempted from the 
requirements of Paragraph (2) of this 
Rule. 

History Note: Statutory Authority 
G.S. 20-322 through 324; 
Eff July 2. 1979; 
Amended Eff May I, 1987; 
June I, 1982. 

SECTION .0600 - CONTRACTS 
.0601 REQUIREMENTS 

(4) a statement which reads as 
follows: "This school is licensed by 
the State of North Carolina, 
Division of Motor Vehicles." 



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History Note: Statutory Authority 
G.S. 20-322 through 20-324; 
Eff. July 2. 1979; 
Amended Eff. May I. 1987; 
June I. 1982. 

SLCTION .0700 - BONDINC AM) 
ADVERTISING 

.0701 BONDS 

Prior to license approval, a school 
shall file with the division a 
continuous "cash" or "surety" bond 
written by a company licensed to do 
business in North Carolina in the 
amount of two thousand five 
hundred dollars (S2,500) to 
indemnify any student against loss or 
damage arising out of the school's 
breach of contract between the 
school and the student (Form 
SBTS-606). 

History Sote: Statutory Authority 
G.S. 20-322 through 20-324; 
Eff July 2, 1979; 
Amended Eff May f 1987; 
July I, 1982. 

.0702 CKKTII ICA TE OF DEPOSIT 

With division approval, a 
certificate of deposit may be 
executed and filed in lieu of a bond. 
(Form SBTS-607). The certificate 
shall be in the principal sum of the 
bond it stands in lieu of as provided 
in Rule .0701 of this Section. 

History Note: Statutory Authority 
G.S. 20-322 through 20-324; 
Eff July 2, 1979; 
Amended Eff May I. 1987; 
June I, 1982. 

SECTION .0800 - LICENSE 
REVOCATION OR SUSPENSION 

.0801 GROUNDS FOR REVOCATION 
OR SUSPENSION 

The license of any commercial 
driver training school may be 
suspended or revoked by the division 
if the bcensee violates any provision 
of Article 14, Chapter 20 of the 
North Carolina General statutes, or 
if the licensee violates any rule or 
regulation adopted pursuant to the 
Article. In addition, a license may 
be suspended or revoked for any one 
of the following reasons: 

( 1 ) conviction of the owner. 



manager, or any agent or 
employee of the school of a 
felony or conviction of any 
misdemeanor involving moral 
turpitude; 

(2) knowingly submitting to the 
division false or misleaaing 
information relating to eligibility 
for a license; 

(3) evidence of substance abuse 

by the owner, manager, any 
agent or employee of the school; 

(4) failure or refusal to permit 

an authorized representative of 
the division to inspect the school, 
equipment, records, or motor 
vehicles used to teach students; 
or failure or refusal to furnish full 
information pertaining to any 
and all requirements set forth in 
these regulations or in the 
application for the license; 

(5) failure to maintain adequate 
standards of instruction, either 
through lack of qualified 
instructors or through lack of 
equipment sufficient to 
adequately perform the course of 
instruction; 

(6) employment of any 
instructor who is not licensed by 
the division; 

(7) failure of new owner to 

apply for and be licensed by the 
division as a school under new 
ownership and also failure to 
notify the division within the 
specified time of any change in 
management of the school; 

(8) aiding or assisting any 
person to obtain a driver's license 
by fraud (revocation in this 
instance shall be permanent); 

(9) unauthorized possession 

of application forms or 
examinations used by the 
division to determine the 
qualification of an applicant for a 
driver's license. 

History Note: Statutory Authority 
G.S. 20-325; 
Eff July 2. 1979: 
.Amended Eff May I. 1987. 

.0803 REVOCATION OR SUSPENSION 
PROCEDURE 

If any school or instructor is 
alleged to be in violation of any 
provision of Article 14, G.S. Chapter 
20 or of any provision of these 



116 



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credit course is not required for 
restricted school instructors. 

History Note: Statutory Authority 
G.S. 20-322 through 20-324; 
Eff. July 2. 1979; 
Amended Eff. May I. 1987; 

June I, 1982. 

.0502 ORIGINAL APPLICATION 

Each original application for a 
commercial driver training instructor 
license shall consist of; 

(1) a combination application 
and personal history form which 
must be completed and signed by 
the applicant; 

(2) a physical examination report 
completed and signed by a 
licensed physician; 

(3) satisfactory evidence of high 
school graduation or equivalency; 

(4) evidence of completion of an 
approved driver education 
course; 

(5) a driver license record check 
for the previous three years if 
applicant has other than a North 
Carolina driver license; and 

(6) a check or money order in the 
amount of eight dollars ($8.00). 

History Note: Statutory Authority 
G.S. 20-232 through 20-324; 
Eff July 2, 1979; 
Amended Eff May I, 1987; 
June 1. 1982. 

.0503 RENEWAL APPLICATION 

(a) Renewal application shall be 
made by an instructor annually 
between May 1 and June 10 of each 
year. AU licenses expire on June 30 
of each year, and no instructor is 
pcnnittcd to operate with an expired 
license. However, applications for 
renewal may be accepted for up to 
30 days from the date of expiration. 
Any license expired for more than 30 
days shall be deemed permanently 
lapsed; and 'renewal of such license 
must be by the same process as 
required for an entirely new license, 
with all forms and certifications 
being required. 

(b) At least once every four years, 
an instructor must take the 
two-semester-hour college credit 
course required for the original 
license; provided, however, that an 
equivalent number of hours (40) can 



be substituted for this course in the 
following manner: 

(1) Twelve ( 1 2) hours (three for 
each full year of the four years) 
for active and continuing 
teaching of driver education; 

(2) Twenty-eight (28) or more 
hours for attendance at teacher 
training workshops and short 
courses, professional driver 
training meetings and 
conferences in the field of driver 
education which have been 
approved in advance by the 
School Bus and Traffic Safety 
Section. Approval is to be 
given in the following manner: 

(A) Pre-Course (submit for 
approval): 

(i) Name and address of 
agency sponsoring the 
workshop, course or 
conference; 

(ii) Title, dates, and 

location of the workshop, 
course, or conference; 

(ui) Brief description of 
the workshop, course, or 
conference, including the 
number of hours; 

(B) Post-Course (submit for 
approval and credit): 

(i) Proof of attendance, 
number of contact hours 
actually attended, and 
passing grade (if 

applicable); 
(ii) Brief evaluation of 

the workshop, course, or 
conference. 
(c) An accredited driver 
education teacher with a current 
certificate based on the requirements 
of the Department of Public 
Instruction is exempted from the 
requirements of Paragraph (2) of this 
Rule. 

History Note: Statutory Authority 
G.S. 20-322 through 324; 
Eff July 2, 1979; 
Amended Eff May 1. 1987; 
June I, 1982. 

SECTIO.M .0600 - CO.NTRACTS 
.0601 REQUIREMENTS 

(4) a statement which reads as 
follows: "This school is licensed by 
the State of North Carolina, 
Divisicm of Motor Vehicles." 



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(7) "Fail to Complete" means any 
student who does not fully 
complete the required 160 hours 
of the lessons or classes required 
by the division as constitutmg 
the full course of study and who 
cancels by any of the methods 
prescribed, shall be deemed to 
have "failed to complete" his or 
her course. 

(8) "Field Training" means off- 
road training in and around the 
truck. Refer to Rule .0306 (2) 
(b), (c), (e), and (i) of Section 
.0300. 

(9) "Foreign Commercial Truck 
Driver Training School ' means 
an enterprise located outside 
North Carolina which solicits, 
advertises, or offers truck driver 
training to residents of North 
Carolina. 

(10) "General Job or Earnings 
Claim" means any express claim 
or representation concerning the 
general conditions or 
employment demand in any 
employment market now or at 
any time in the future or the 
amount of salary or earnings 
generally available to persons 
employed in any occupation. 

(11) "Graduate" means any 
student who fully completes the 
required 160 hours of the lessons 
or classes required by the division 
and discharges any other 
requirements or obligations 
established by the school as 
prerequisites for completing the 
full course of study. 

(12) "Job or Earnings Claim" 
means any general or specific job 
or earnings claim. 

(13) "Media Advertisement" 
means any advertisement 
disseminated to the public by 
means of print or broadcast 
media, including newspapers, 
magazines, radio, television, 
posters, or any other means. It 
does not include promotional 
materials that are available from 
a school or distributed by its 
sales representatives. 

(14) "Most Recent Base Period" 
means the latest base period. 

(15) "New Course" means any 
course which has a substantially 
different course content and 



occupational objective firom any 
course previously offered by the 
school and which has been 
offered for a period of time less 
than six months. 

(16) "Prospective Student" means 
any f)erson who seeks to enroll in 
a course. 

(17) "Recruiter/Salesman" means 
any person who is employed by a 
commercial truck driver training 
school, directly or indirectly, to 
recruit students for a school. 
Tliis definition includes persons 
who are employed by another 
person who is a direct employee 
or broker for a school. 

(18) "Specific Job or Earnings 
Claim" means any express claim 
or representation concerning the 
employment opportunities 
available to students or the 
demand for students who 
purchase the school's course, or 
the amount of salary or earnings 
available to students who 
purchase the school's course. 

(19) "Student" means any p>erson 
who has signed an enrollment 
contract with a school and not 
cancelled that contract before the 
cooling-off-period, specified in 
this Rule, has ended. 

(20) "Total Contract Price" means 
the total price for the enrollment 
contract, including charges for 
registration, ancillary services, 
and any fmance charges. 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff. May 1, 1987. 

SECTION .0200 - REQUIREMENTS A.ND 

APPLICATIONS FOR CO.MMERCIAL 

TRUCK DRIVER TRAINING SCHOOLS 

.0201 REQUIRE.ME.N'TS 

The division shall not issue 
a commercial truck driver training 
school license to any individual, 
partnership, group, association, or 
corporation unless; 
(1) the individual, partnership, 
group, association, or 

corporation has at least one 
motor vehicle registered or leased 
in the name of the school, which 
vehicle has been inspected by a 
representative of the division and 
vehicle insurance certified as 



118 



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required by these Regulations for 
use by the school for driver 
training purposes and driver 
instruction. 

(2) The individual, partnership, 
group, association, or 
corporation has at least one 
person licensed by the division as 
a commercial truck driver 
training instructor for that 
school. 

(3) Each manager or owner- 
operator of a commercial truck 
driver training school or branch 
shaU: 

(a) be of good moral character; 

(b) be at least 1 8 years of age; 

(c) not have been convicted of 

a felony or convicted of a 
misdemeanor involving moral 
turpitude in the 10 years 
immediately preceding the date 
of appUcation; and 

(d) not have had a revocation 

or suspension of his operator's 
or chauffeur's hcense in the two 
years immediately preceding the 
date of application. 

(4) In the case of a foreign 
commercial truck driver training 
school, recruiting in North 
Carolina, the following items are 
necessary: 

(a) a copy of the school's license; 

(b) a course description, 
including topics taught and the 
length of the course; 

(c) a hst of equipment available 
for training; 

(d) a copy of the contract 
complete with the fee charged; 

(e) the names of the persons 
who represent the school in 
North Carolina; and 

(f) a surety bond in the amount 
of thirty thousand dollars 
($30,000). 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff. May I, 1987. 

.0202 ORIGINAL APPLICATIO.N 

Each original appUcation for a 
commercial truck driver training 
school Ucensc shall consist of the 
following: 

(1) Application for license, 

(2) Personal history statement 



of owner-operator or manager. 
This information is confidential 
and for use by the division only, 

(3) Proposed plan of operation, 

(4) Proof of liabihty insurance, 

(5) Sample copies of contracts, 

(6) A check or money order in 
the amount of forty dollars 
($40.00). This fee is due for 
both original and renewal 
applications for license, 

(7) Certificate of assumed name, 

(8) Surety bond. 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff. May I, 1987. 

.0203 RENEWAL APPLICATIONS 

Renewal applications shall be 
made annually between May 1 and 
June .10 of each year. All licenses 
expire on June 30 of each year and 
no school is permitted to operate 
with an expired license. However, 
appUcations for renewal may be 
accepted for up to 30 days from the 
date of expiration. Any hcense 
expired for more than 30 days shall 
be deemed permanently lapsed and 
renewal of such license must be by 
the same process as required for an 
entirely new school, with all forms 
and certifications being required. 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff May 1, 1987. 

.0204 DUPLICATE COPIES 

All appUcations, either original 
or renewal, for a commercial truck 
driver training school or branch shall 
be completed in dupUcate. The 
original copy of each form shaU be 
submitted to the Driver License 
Section of the Division of Motor 
Vehicles at the foUowing address: 
1 100 New Bern Avenue, Raleigh, 
North CaroUna 27697-0001. A 
copy of each form shaU be filed at 
the place of business. 

History Note: Statutory Authority 
G.S. '20-320 through 20-328; 
Eff May I, 1987. 

.0205 CHANGES IN APPLICATION 
INFORMATION 

The division must be notified in 



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writing within 10 days of any 
changes in the officers, directors, 
manager, or instructors of any 
school or branch. The division 
must also be informed within 10 
days of the addition or deletion of 
any motor vehicles and a 
supplemental schedule of motor 
vehicles must be filed. 

(Supplemental motor vehicle 
schedules shall be accompanied by a 
properly executed insurance 

certificate.) If the school has a 
change in ownership, the new owner 
must file an original application with 
the division as described in Rule 
.0202 of this Section and be 
approved by the division before 
beginning operation of the school 
under the new ownership. Failure 
to inform the division of the 
required changes shall be grounds for 
suspension or revocation of the 
license. 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff. May I. 1987. 

.0206 BRANCH OFFICES 

Any school desiring to open 
a branch shall make application for 
such branch on forms furnished by 
the division in the same manner and 
to the same extent as for an original 
license. A commercial truck driver 
training school may operate a 
branch office any\vhere in the state 
provided: 

(1) The branch meets aU the 
requirements of the principal 
place of business. 

(2) The branch is properly 
identified as a "branch office" by 
a permanent sign which indicates 
the location of the principal place 
of business and which is visible 
to the general public. 

History Note: Statutory Authority 
G.S. 20-320 through 20-328: 
Eff. May I. 1987. 

.0207 SURRKNDKR OF I ICKNSFS 

/\ny licensed commercial truck 
driver training school or branch 
which ceases to carry on the 
business of giving instruction in the 
driving of motor vehicles or which 
has a change of ownership shall, 
within five days, surrender its 



commercial truck driver training 
school license and all instructor 
licenses issued to driver training 
instructors employed by the school. 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff May I, 1987. 

.0208 MCKNSE RKQLIRFl) 

No school or branch is pennitted 
to operate without the proper 
licenses as set forth in these 
regulations. 

History Note: Statutory Authority 
G.S.20-322; 
Eff May I, 1987. 

SECTION .0300 - SCHOOL LOCATION: 
PHYSICAL FACILITIES: AND 
COURSES OF INSTLCTION 

.0301 GENERAL PROVISIONS 

Every school shall maintain 
a principal place of business open to 
the public m a permanent-type 
building. Schools or branches may 
not be located within or adjacent to 
a buUding in which applications for 
driver licenses are received by the 
division and no business may be 
solicited on property occupied by or 
adjacent to a building in which 
applications for driver's licenses are 
received by the division. 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff. May I. 1987. 

.0302 OFFICE 

The office shall be the principal 
place of business, in the same 
location as but physically separated 
from the classroom facility, and 
must be sufficient for conducting all 
business related to the operation of 
the school including, but not limited 
to: 

(1) Facilities for conducting 
personal interviews. 

(2) Storage of all records 
required for the operation of the 
school. 

(3) Secretarial or telephone 
answering service available for a 
minimum of six hours between 
9:00 a.m. and 5:00 p.m. on 
normal business days. 

History Note: Statutory Authority 



120 



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G.S. 20-320 through 20-328; 
Eff. May I, 1987. 

.0303 CLASSROOM FACILITY 

The classroom facility shall meet 
the foUowLng minimum 

requirements: 

(1) A minimum overall size of not 
less than 120 square feet (which 
includes at least 70 square feet 
for the instructor and his 
equipment and at least 12 square 
feet for each student). 

(2) Lighting, heating, and 
ventilation systems that are in 
compliance with all state and 
local laws and ordinances 
including, but not limited to, 
zoning, public health, safety, and 
sanitation. 

(3) Seats and writing surfaces 

for all students; blackboards 
visible from all seats; charts, 
diagrams, mock-ups, and pictures 
relating to the operation of 
motor vehicles, traffic laws, 
physical forces, and correct 
driving procedures; a copy of the 
Driver's Handbook published by 
the division for each student; and 
other textbooks deemed 

necessary by the instructor. 

(4) Restroom facihties sufficient 
for the class size must be 
provided. 

(5) Covered shelter must be 
provided for students when on 
the field range to protect them 
from the weather when not 
driving. 

History Note: Statutory Authority 
G.S. 20-320-ihrough 20-328; 
Eff. May I. 1987. 

.0304 DISPLAY OF LICENSES 

Every school and branch must 
display in a prominent place in its 
office licenses issued to it by the 
division for the school and its 
instructors. 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff May /, I9S7. 

.0305 l.NSPECTIONS 

The division shall make periodic 
inspections (at least annually) of 
schools and branches to determine 
compliance with laws and 



regulations. The inspection shall be 
made during regular business hours 
by authorized representatives of the 
division. Inspections shall include 
examination of all school records, 
contracts, classroom facihties, 
training devices, instructional 
materials and instuctional methods, 
vehicles, and any other item required 
by law or regulation. 

Each owner, partner, associate, 
corf)orate officer, or employee of any 
commercial truck driver training 
school shall cooperate with the 
division's representative and, upon 
demand, shall exhibit all records, 
instructional aids, equipment, and 
any other items which are required 
for the inspection. Refusal to 
permit inspections shall be grounds 
for revocation of the Ucense. 
Records shall be retained by the 
school for a period of three years. 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff May I, 1987. 

.0306 COURSE OF INSTRUCTION 

For licensed persons above the 
age of 18 for purposes of driving 
commercial trucks, a course 
consisting of the following is 
required: 

(1) Minimum hours of instruction: 

(a) classroom instruction, 
including testing - 50 hours 

(b) field instruction - 50 hours 

(c) highway behind-the-wheel 
training - 20 hours 

(d) observation (highway 
behind-the-wheel) - 40 hours 

Total - 160 hours 

(2) Content of classroom and 
behind-the-wheel instruction: 

(a) laws relating to interstate 
and intrastate operations; 

(b) pre-trip inspection; 

(c) coupling and uncoupling 

of combination units, if the 
equipment to be driven includes 
such units; 

(d) placing the veliicle in 
operation; 

(e) use of the vehicle's controls 
and emergency equipment; 

(f) operation in inner-city and 
interstate highway traffic and 
passing; 

(g) turning the vehicle; 



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(h) braking and slowing the 
vcliicle by means other than 
applying the brakes; 

(i) backing and parking the 
vehicle; 

(j) experience operating vehicles 
with a minimum gross vehicle 
weight of 49,000 pounds; and 

(k) completing Driver's Daily 
Log books. 

(3) Other requirements: 

(a) the 160 hours of instructions 
required by these rules shall be 
completed in no less than four 
calendar weeks; 

(b) three hours of the 20 hours 
of behmd-the-whecl highway 
training must be completed by 
each student between dusk and 
dawn; 

(c) one vehicle must be provided 
for each three students during 
highway training; provided, four 
students per vehicle are 
permitted if the vehicle has been 
inspected and approved for such 
Lise by the division. No more 
than four students per vehicle 
and no more than four \ehicles 
per instructor will be allowed 
for field training; and 

(d) a Driver's Daily Log must 

be kept for each student to 
reflect the 160 hours of 
instruction. 

(4) Credit for prior instruction 

or training given by another 
agency or school may be granted. 
Such credit may be granted by 
the school to which the candidate 
is applying if the prior instruction 
or training is substantially 
equivalent to the corresponding 
part or parts of the course 
required by North Carolina law 
and these Rules and Regulations 
and if such credit is confirmed 
and authorised as equivalent by 
the Driver's License Section of 
the division. 

History Note: Statutory Authority 
G.S. 20-320 though 20-328; 
Eff. May I, 1987. 

.0307 STLDt.NT REQUIREMENTS 

(a) Students above 18 years of 
age but less than 21 years of age 
must be informed by the owncr(s) or 
officers of the school of the age 



restrictions and limitations 

estabhshed by the United States 
Department of Transporation and 
the Motor Carrier Safety Unit of the 
Division of Motor Vehicles. 

(b) Students must have passed 

the United States Department of 
Transporation physical examination. 

(c) No student shall operate a 
truck or tractor-trader combination 
upon any public street or highway 
unless such student shall have in his 
immediate possession a valid license 
or learner's permit of the class or 
type required by General Statute 
20-7(a) and his U.S.D.O.T. physical 
pocket card. 

History Note: Statutory Authority 
G.S. '20-320 through 20-328; 
Eff. May I, 1987. 

.0308 REPORTS TO BE SUBMITTED 

Every commercial truck driver 
training school shall submit to the 
division the following reports: 

(1) A schedule of classes for 
each licensing period. 

(2) A class roster as of the 

first day of class, which roster 
shall include the name, address, 
telephone number, and driver's 
license number of each student. 

(3) A copy of each student's 
contract(s). 

(4) A list of salesmen/recruiters 
working for the school (directly 
or indirectly) at the beginning of 
the licensing period, with 
additions or deletions to be filed 
within 30 days of such change. 

(5) All other reports as required 
by Article 14, Chapter 20 of the 
General Statutes. 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff May 1. 1987. 

SECTION .0400 - MOTOR VEHICLES 
USED IN INSTRUCTION 

.0401 VEHICLE EQUIPMENT 

Behind-the-wheel instruction of 
students in commercial truck driver 
training schools shall be conducted 
in motor vehicles owned or leased 
by the school. .^11 vehicles used for 
the purpose of demonstration and 
practice shall: 

(1) Be equipped with: 



122 



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(a) seatbelts as required by 
Federal and State law; 

(b) an outside rearview mirror 
mounted on the right side of the 
vehicle; 

(c) a heater, defroster, and 
speedometer in working 
condition; and 

(d) all other equipment required 
by Chapter 20 of the North 
Carolina General Statutes. 

(2) Bear conspicuously displayed 
signs with the words "Student 
Driver" in letters not less than six 
inches in height on both the 
front and rear of the vehicle and 
also bear conspicuously displayed 
signs with the name and location 
of the school in letters not less 
than one and one-half inches in 
height on both sides of the power 
unit and on the back of the 
trailer. 

(3) No school equipment shall be 
used to transport property or 
persons for compensation, other 
than a properly enrolled student. 

(4) No school equipment shall be 
operated in another state unless 
the instructor, student, and 
equipment are properly licensed 
to operate in that state. 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
EffMay I, 1987. 

.0402 REGISTRATION: INSURANCE: 
INSPECTION 

(a) Each vehicle used by the 
school shall be titled and/or 
registered as required by Chapter 20 
of the General Statutes of North 
CaroUna and bear a current 
insf>ection certificate. 

(b) Each vehicle used by the 
school shall be insured by a 
company licensed to do business in 
North Carolina against liability in 
the amount of at least twenty 
thousand dollars ($20,000) because 
of injury to or destruction of 
property of others in any one 
accident, fifty thousand dollars 
($50,000) because of bodily injury to 
or death or one person in any one 
accident, and one hundred thousand 
dollars ($100,000) because of bodily 
injury to or death of two or more 
persons in any one accident. This 
insurance coverage shall be secured 



on an aimual basis. In the event 
coverage for any vehicle used for 
driver instruction or training shall 
not be renewed, the school shall give 
written notice to the division at least 
10 days prior to the expiration date 
of the coverage. A certificate of 
insurance coverage shall be filed by 
the insurance underwriter with the 
division. Cancellation shall be 

accomplished upon 15 days prior 
written notice to the division by the 
insurance underwriter. 

(c) Each vehicle used by a school 
shall be listed and inspected in the 
manner prescribed on Form 605. In 
addition, each vehicle shall be 
inspected and approved by a 
representative of the division before 
it is used. Each vehicle shall be 
inspected and approved by a 
representative of the division 
annually and at any other reasonable 
time as indicated by the 
circumstances. 

(d) Vehicles used for off-road 
field training must be titled, but are 
not required to meet North Carolina 
registration requirements. 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff. May I, 1987. 

.0403 SPECIAL REQUIREMENT 

At least one of the vehicles used 
in a commercial truck driver training 
school shall be a tractor-trailer 
combination unit and other vehicles 
may be of the type necessary to 
carry out the instructional program 
of the school. All vehicles used in 
the instructional program shall meet 
the equipment requirements of 
Chapter 20 of the North Carolina 
General Statutes. 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff. May I, 1987. 

.SECTION .0500- REQUIREMENTS AND 

APPLICATIONS KOR DRIVER 

TRAINING INSTRUCTOR 

.0501 REQUIREMENTS 

Each instructor of a commercial 
truck driver training school or 
branch shall: 

(1) Be of good moral character. 

(2) Be at least 21 years of age. 



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123 



FINAL RULES 



have at least 2 years experience 
operating a Class A vehicle and 
hold a valid North Carolina 
Class A license, except as 
provided in G. S. 20-8(3). 

(3) Not have been convicted of 

a felony or convicted of a 
midcmeanor involving moral 
turpitude in the 10 years 
immediately preceding the date of 
application. 

(4) Not have had a revocation or 
suspension of his driver's license 
in the two years immediately 
preceding the date of application. 

(5) Have graduated from liigh 
school or hold a higli school 
equivalency certificate. 

(6) Not have had convictions for 
moving violations totaling seven 
or more points in the year 
preceding the date of application. 

(7) Have evidence of United States 
Department of Transportation 
certification and qualify by 
experience or training, or both, 
to instruct students in the safe 
operation of truck-tractor-trailcr 
combination units. 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff. May I, 1987. 

.0502 ORIGINAL APPLICATION 

Each original application for 
a commercial truck driver training 
instructor license shall consist of: 

(1) A combination application 
and personal history form which 
must be completed and signed by 
the applicant. 

(2) A physical examination report 
completed and signed by a 
licensed physician. 

(3) Satisfactory evidence of 

high school graduation or 
equivalency. 

(4) A driver license record 

check for the previous three 
years. 

(5) Consent form for background 
information. 

(6) A check or money order 

in the amount of eight dollars 
($8.00). 

History Note: Statutory Authority 
G.S. 20-320 tfxrough 20-328; 
Eff. May I, 1987. 



.0503 RENEWAL APPLICATION 

Renewal application shall be 
made by an instructor armually 
between May 1 and June 20 of each 
year. All licenses expire on June 30 
of each year and no instructor is 
permitted to operate with an expired 
license. However, applications for 
renewal may be accepted for up to 
30 days from the date of expiration. 
Any license expired for more than 30 
days shall be deemed permanently 
lapsed and renewal of such license 
must be by the same process as 
required for an entirely new license, 
with all forms and certifications 
being required. 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff May I, 1987. 

.0504 DUPLICATE COPIES 

All applications, either original 
or renewal, for a commercial truck 
driver training instructor license shall 
be completed in duplicate. The 
original copy of each form shall be 
submitted to the Driver License 
Section of the Division of Motor 
Vehicles. A copy of each form shall 
be filed at the place of business. 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff May I. 1 987. 

.0505 CONFIDENTIALITY 

All personal history schedules 
submitted pursuant to this 
Subchapter shall be confidential and 
privileged and the information 
contained therein shall be used by 
the division only. 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff May I, 1987. 

.0506 LICENSE FEES 

Every application for an original 
or renewal instructor's License must 
be accompanied by the fee of eight 
dollars ($8.00), which is 

nonrefundable. 

History Note: Statutory Authority 
G.S. 20-324; 
Eff May I. 1987. 



124 



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.0507 SURRENDER OF LICENSES 

Any licensed commercial truck 
driver training instructor who ceases 
to give instruction in the driving of 
motor vehicles for the school for 
which he is licensed shall surrender 
his instructor's license within five 
days. The owner, partner, or chief 
corporate officer of the school shall 
be responsible for the return of the 
instructor's license to the division on 
termination of employment of any 
instructor. 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff. May I, 1987. 

.0508 LICENSE REQUIRED 

No person shall act as an 
instructor without the prof>er license 
as set forth in these regulations. 

History Note: Statutory Authority 
G.S. 20-323; 
Eff. May I, 1987. 

SECTION .0600 - CONTRACTS 
.0601 REQUIREMENTS 

Commercial truck driver training 
school contracts shall contain, but 
are not limited to, the following 
information: 

(1) The agreed total contract 
charges and full terms of 
payment thereof. 

(2) The number, nature, time, 
and extent of lessons contracted 
for, including: 

(a) minimum hours of 
instruction: 

(i) classroom instruction, 
including testing - 50 hours. 

(ii) field instruction - 50 hours. 

(ui) highway behind-the 
-wheel training - 20 hours. 

(iv) observation (highway 
behind-the-wheel) - 40 hours. 
Total 160 hours. 

(b) rate for use of school 
vehicle for a driver's hcense road 
test, if an extra charge is made. 

(3) A statement which reads 
substantially as foUows: "This 
agreement constitutes the entire 
contract between the school and 
the student, and any verbal 
assurances or promises not 
contained herein shall bind 



neither the school nor the 
student." 

(4) A statement which reads as 
follows: "This school is licensed 
by the State of North Carolina, 
Division of Motor Vehicles." 

(5) A statement which reads as 
follows: "If you, as a student, are 
unable to settle a dispute with 
the school, please direct your 
grievances to the North Carolina 
Division of Motor Vehicles, 
Driver License Section, 1100 
New Bern Avenue, Raleigh, 
North Carolina 27697-0001." 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff May I, 1987. 

.0602 PROHIBITED CONTRACT 
PROVISIONS 

Commercial truck driver training 
school contracts shall not contain 
the following: 

(1) The statement "no refund" or 
its equivalent. 

(2) Any statement to the effect 
that a driver's license is 
guaranteed or otherwise promised 
as a result of the driver's license 
training course. 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff May /, 1987. 

.0603 FILING OF CONTRACT 
WITH THE DIVISION 

The commercial truck driver 
training school shall file with the 
division sample copies of all written 
contracts and agreements at the time 
of the original application and also 
at any time thereafter when 
alterations to contracts are proposed. 

History Note: Statutory Authority 
G.S.20-320 through 20-328; 
Eff May 1, 1987. 

.0604 CONTRACT PROVISIONS 

(a) The school must give the 
prospective student a completed 
copy of the enrollment contract at 
the time the prospective student 
signs the contract or upon the 
school's receipt of an enrollment 
contract completed entirely by mail. 
The enrollment contract must be 
written in the same language as the 



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125 



FINAL RULES 



oral sales presentation, if any, made 
by the school and must contain the 
name and address of the school. 

(b) The school must place on 

the enrollment contract the 
explanation of the prospective 
students cooling-off rights required 
by this Rule. If the school does not 
place the notice on the front page of 
the enrollment contract, the school 
must place on the front page the 
foUovving notice: "An explanation of 
your cancellation and refund rights is 
on page (page number) of this 
contract." This notice must be 
printed in boldface type. 

(c) After the school has accepted 
the enrollment contract of the 
prospective student, the school must 
furnish the prospective student with 
the disclosure of the school's 
graduation rate and placement rate. 

(d) If a school makes a job or 
earnings claim for a course other 
than a new course, the school shall 
disclose the following placement 
infonnation on the disclo^ure form 
entitled. "How Our Students Are 
Doing." The School shall disclose 
these figures for Individuals who 
became students durmg the school's 
most recent base period: 

(1) the number of students; 

(2) the number and percentage 

of those students who 
graduated; 

(3) the number and percentage of 
those students who remained 
actively enrolled at the end of 
that time; 

(4) the number and percentage of 
graduates who, within four 
months of leaving the course, 
obtained employment as truck 
drivers; and 

(5) the number and percentage 

of these graduates who refused 
to provide salar>' information. 

A school may. at its option, 
include the foUowmg statement on 
the disclosure form: "In evaluating 
our record, remember not all of our 
students took this course to get a job 
as a truck driver. Also, we were 
unable to reach some of our 
graduates to see if they got jobs. So, 
our placement percentage might be 
understated." 

(c) The disclosure specified by 



Paragraph (4) of this Rule must be 
based on the school's actual 
knowledge of its students' 
experiences. Actual knowledge shall 
be verified, at a minimum, by a list 
that includes the following 
information for each student who is 
counted as obtaining employment in 
a job for which the course prepared 
him or her: 

(1) the student's name and 
address (or telephone number); 

(2) the employer's name; 

(3) the name or title of the 
job obtained; 

(4) information that indicates that 
the job was obtained within 
four months of leaving the 
course; and 

(5) the student's annual gross 
salary expressed in increments 
of two thousand doUars ($2,000) 
or an indication of the student's 
refusal to pro\ide such salary 
information. 

(f) No school shall make any 
specific job or earnings claim for a 
new course. 

(g) Ihe information required or 
permitted to be disclosed under 
Paragraph (4) of this Rule shall be 
contained in a disclosure form 
entitled, "How Our Students are 
doing." The disclosure form shall 
contain no other information or 
representations. This form must be 
mailed to all prospective students 
who have signed enrollment 
contracts if a school makes a general 
job or earnings claim or a specific 
job or earnings claim. 

(h) If a school makes a general 
job or earnings claim or a specific 
job or earnings claim that is not 
substantiated by the disclosure form 
required by Paragraph (4) of this 
Rule, the school must not know or 
have reason to know of facts which 
would make the claim inapplicable 
to the school, its enrollees, or a 
particular geographical area served 
by the school. A reasonable basis 
shall consist of a statistically valid 
and reliable survey which 
substantiates the claim. 

(1) nothing in Paragraph (4) 
in this Rule shall be construed 
as proliibiting schools from 
making jobs or earnings claims 
which are substantiated by 



126 



NORTH CAROLINA REGISTER 



FINAL RULES 



projections from the 

"Occupational Outlook 

Handbook" published by the 
Bureau of Labor Statistics or by 
similar projections published by 
other Federal or State agencies. 
However, when such claims arc 
contained in non-media 

advertising, the schools must 
clearly and conspicuously 
disclose in immediate 

conjunction with the claim, any 
limitations, restrictions, or 
caveats accompanying or made 
applicable to those projections 
in their original source. 
(2) a school shaU maintain 

records adequate to disclose the 

facts upon which each claim 

covered by this Paragraph is 

based. Such reports shall be 

maintained for three years from 

the date the claim is made and, 

iifter compliance with any 

applicable lederal law 

concerning the privacy or 

confidentiality of student 

records, shall be made available 

for inspection and copying by 

DMV officials upon reasonable 

notice and during regular 

business hours. 

(i) Home study courses shall 

be accredited by an accrediting 

agency appro\ed by the United 

States Department of Education. 

History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff. May I, 1987. 

.0605 CANCKLl ATION .\M) 
RIKLM) I'KOCI DLRI S 

(a) After the coi)ling-ofr period 
has ended, a student may cancel his 
or her eiu^ollment in the course by 
notifying the school. Cancellation 
by the student is effecti\e on the 
date the student mails or delivers 
written notification to the school or 
on the date that the student gi\es the 
school constructive notice of his or 
her intention to withdraw from the 
course. 

(b) If a prospective student 
cancels the enrollment contract 
during the period described in the 
notices required, the school must 
refund all payments made by the 
prospecti%e student and cancel and 
return any evidence of indebtedness 



within 21 days after receiving any 
notice of cancellation. If a school 
fails to comply with the proper 
enrollment and eooling-off 

procedure, it shall not retain any 
money or evidence of indebtedness 
from a prospective student. 

(c) If a student gives the school 
written notice of his or her intention 
to remain enrolled in a course, the 
time period for measuring 
constructive notice will begin anew 
from the date of the written notice. 
Any prior cancellation by virtue of 
the student's constructive notice will 
not be effective if the student 
provides this written notice of his or 
her intention to remain enrolled. 

(d) If a student cancels his 

or her enrollment contract after the 
cooling-off period, the school shall 
not recei\e, demand, or retain more 
than the one hundred and fifty dollar 
($150. Oil) registration fee and a pro 
rata portion of the total contract 
price. I Ins total pro rata portion 
shall be calculated by dividing the 
total number of course hours by the 
total contract price to obtain an 
hourly rate. This hourly rate shall 
be multipbed by the actual number 
of hours the student attended the 
school. Refunds must be made 
within 21 days. 

(e) I'or courses consisting of 

a combination of home study 
lessons and resident training, not 
more than one hundred dollars 
($100.00) in addition to the 
registration fee referred to in 
Subsection (4) shall be retained by 
the school for those students who 
fail to enter resident training, unless 
the school submits affinnative 
evidence acceptable to the 
Commis^ioner of Motor Veliicles 
disclosing the home study lessons are 
of such quality and content as to 
reasonably assure that the students 
will achieve the stated objective 
without the resident training portion 
of the course. 

(f) The school must include m 

the enrollment contract the following 
notice. The same method of 

capitalization and underlying of 
words uses in the notices set forth 
below must be used by the school. 
All subtitles in the notices must be 
in bokltaee tspe. 1 he title of the 



NORTH CAROLINA REGISTER 



127 



USAL RULES 



notice •CANCIXLINCi THIS 
COMRACT" must be m aU 
capitals with boldface t\"pc. 

(g) If cither the school or the 
instructor fails to compl> \sith the 
proNisions of any contract or 
agreement between the school and 
the student, the school shall refund, 
on a pro rata basis, all monies 
collected from the student as 
consideration for the peiformancc of 
the contract or the agreement. 

IliMcrv .\(>lc: Siaiiilarv Auihorilv 
as. '20-.i:0 ihnniKh 20-.<:s: 
EjJ. May I, I9S7.' 

.0606 MlSCKLLANtOLS 

The school may not include 
in the cnroUmcnt contract or any 
other document a wai\er o{ any of 
the rights or obligations created by 
this Section. No oral waiver of any 
of these nghts or obligations shall be 
effective. 

IIIU'>ry .\otc: Slatulori Aiiihority 
(,S. '2(1-320 ihrouiik 20-32^: 
Eff. May I, 198^. 

SI CTION .0700 - liONDlNC .\M) 

.\i)\i;RTrisi\(; 

.0701 |{OM)S 

I'nor to hcense approval, a school 
shall file with the division a 
continuous "cash" or "suiel\" boiul 
\snllen In a coiiipain licensed to tlo 
business in North Caioliiia to 
indemnify an> student against loss ov 
damage arising out of the school's 
breach of contract between the 
school and the student. This bond 
shall be thirty thousand dollars 
($30,000) for both a commercial 
truck driver trairung school and a 
foreign commercial truck dri\er 
training school. 

H'tstorv Sole: Slatuton Authority; 
G. S' 20-320 through '20-328; 
Eff. May I. 1987. 

.0702 CtRTIKICATE OK DEPOSIT 

With division approval, a 
certificate of deposit ma> be 
executed and filed in lieu of a bond. 
The certificate shall be in the 
principal sum of the bond it stands 
in lieu of as provided in Rule .0701 
of this Section. 



History Note: Statutory Authority 
G.S. 20-320 through 20-328; 
Eff May /, /987. 

.0703 AUVERTISI.NG 

A commercial truck driver 
training school may advertise by 
whatever method it sees fit with the 
following exceptions: 

( 1 ) The address of a telephone- 
answering service, when it is not 
the s;une as the principal place of 
bu.siiiess of the school, shall not 
tx- shown in any medium of 
.idvertising or telephone 
directory. Nor shall any 
telephone directory hsting or 
yellow page advertisement show 
a telephone number for a school 
unless it also shows a valid 
address for the principal place of 
business of the school. 

(2) No advertisement shall indicate 
in any way that a school can or 
will issue or guarantee the 
issuance of a driver's license or 
imply that preferential or 
advantageous treatment from the 
division can be obtamed. 

(3) A school may state in an 
advertisement that it has been 
approved and Ucensed by the 
division. 

(4) Commercial truck driver 
training schools must use the full 
name, adilress. and telephone 
number of their school in all 
advertising. No advertising shall 
imply an offer of employment or 
guarantee employment upon 
completion. 

(5) If a school makes any job 

or earnings claims for any course 
in a media advertisement, the 
school must include the 
following disclaimer in this 
advertisement: "Graduation 

from this course does not insure 
that you will get a job. To find 
out how our graduates have 
done, send for our job placement 
record." 

(6) If a school makes any written 
job or earnings claims about any 
course, other than a media 
advertisement, the school must 
include in that document full 
disclosures of the school's 
graduation and placement rates 



128 



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FINAL RULES 



required by Rule .0604 of this 
Section. 

(7) If a school makes any 
general job or earnings claims for 
a new course, that school must 
make the following disclosure in 
lieu of those required in 
Paragraphs (4) and (5) of this 
Rule. 

(a) in media advertisement: 
"Since this course is new, we 
are not able to tell you about 
the experience of our students 
in getting jobs." 

(b) all other, non-media 
advertisements: "Since this 
course is new, we arc not able 
to give you information on the 
graduation or placement rates of 
our students, or the amount of 
money you might earn after 
completing tliis course. As an 
alternative, we suggest you talk 
to a job counselor or State 
Employment Office about your 
chances of fmding a job in the 
field we train you for. They 
will have current information on 
job opportunities in the area 
where you live. In addition, 
they can offer you infonnation 
on starting salaries and 
requirements for prior work 
experience." 

(8) Commercial truck driver 
training schools shall not use 
advertisements or promotional 
material which is classified, 
designated, or captioned, "Men 
wanted to train for....", "Help 
Wanted", "Employment", 
"Business Opportunities", or by 
words or terms of similar import, 
so as to represent directly or by 
implication that employment is 
being offered, nor shall the word 
"Free" be used in any 
advertisement. 

History Note: Statutory Authority; 
G.S. 20-320 through 20-328: 
Eff. May I, 1987. 

si.crioN .o«(io - 1 Ki Nsi; 

HI VOCAIION 
OK SLSI'E.NSION 

.0801 GROUNDS FOR REVOCATION 
OR SUSPENSION 

The license of any commercial 
truck driver training school may be 
suspended or revoked by the division 



if the licensee violates any provision 
of .\rticle 14, Chapter 20 of the 
North Carolina General Statutes, or 
if the licensee violates any rule or 
regulation adopted pursuant to that 
Article. In addition, a license may 
be suspended or revoked for any one 
of the following reasons: 

(1) Conviction of the owner, 
manager, or any agent or 
employee of the school of a 
felony or conviction of any 
misdemeanor involving moral 
turpitude. 

(2) Knowingly submitting to the 
division false or misleading 
inJbrmation relating to eligibility 
for a license. 

(3) Evidence of substance abuse 
by the owner, manager, any 
agent, or employee of the school. 

(4) I-'ailure or refusal to permit 

an authorized representative of 
the division to inspect the school, 
equipment, records, or motor 
vehicles used to teach students or 
failure or refusal to furnish fuU 
information pertaining to any 
and all requirements set forth in 
these regulations or in the 
application for the license. 

(5) Failure to maintain adequate 
standards of instruction, either 
through lack of qualified 
instructors or through lack of 
approved equipment sufficient to 
adequately perform the course of 
instruction. 

(6) limployment of any instructor 
who is not licensed by the 
di\ision. 

(7) Failure of new owner to 
apply for and be licensed by the 
division as a school under new 
ownership and also failure to 
notify the division within the 
specified time of any change in 
management of the school. 

(8) Aiding or assisting any person 
to obtain a driver's license by 
fraud (revocation in this instance 
shall be pcnnancnt). 

C) Inautliori/ed posses.sion of 
application fonns or 

examinations used by the 
division to determine the 
qualification of an applicant for a 
driver's license. 

(10) Failure of the school to 



NORTH CAROLINA REGISTER 



129 



FINAL RULES 



give the student a eopy of his 
contract and also use by the 
school of a contract which has 
not been submitted to and 
approved by the Di\ision of 
Motor Vehicles. 

History Note: Statutory Authority 
G.S. 20-325; 
Eff. May I, I9S7. 

.0802 INSTRUCTOR LICINSE 

SUSFtNSION OR REVOCATION 

In addition to the grounds 
for revocation listed in Rule .0801 of 
this Section, it is mandator\ that the 
license of any commercial truck 
driver training instructor be rcsokcd 
if his driver's license is suspended or 
revoked or if he accumulates seven 
or more points, as a result of being 
convicted of moving violations, in a 
twelve-month period. 

Reinstatement of the commercial 
truck driver traming instructor's 
license shall follovs- the same 
procedure as an application for a 
new license. 

History Note: Statutory' Authority 
G.S. 20-325; 
'Eff. May I, 1987. 



.0803 REVOCATION OR 

SUSPENSION PROCEDURE 

If any school or instructor 
is alleged to be in violation of any 
provision of Article 14, Chapter 20 
or of any provision of these 
Regulations, the school or instructor 
shall be notified by certified or 
registered mail of the suspension or 
revocation. TTie notification shall 
set forth the details of the alleged 
violation which formed the basis for 
the action. The school (through its 
owner, partner, or corporate officer) 
or any instructor, may request in 
writing a 'show-cause" hearing. 
Ihis request must be made within 
30 days of receipt of the certified or 
registered letter. The hearing shall 
be heard by an officer designated by 
the commissioner and the school or 
instructor may be represented by 
counsel. Upon completion of the 
hearing, the division shall notify the 
school or instructor within 30 days 
of the decision of the hearing officer, 
rtiis decision may be appealed as 
provided by G.S. Chapter 150B. 

History Note: Statutory Authority 
G.S. 20-325; 
Eff May I, 1987. 



130 



.SORTH CAROLINA REGISTER 



LIST OF RULES AFFECTED 

NORTH CAROLINA AD.MINISTRATIVE CODE 
LIST OF RULES AFFECTED 



EDITION XII, .\0. 1 


EFFECTIVE: April 1, 1987 


AGENCY 




ACTION TAKEN 


AGRICULTURE 






2 NCAC 


9B .0022 


Amended 




.0032 


Amended 




9C .0601 
9K .0206 


Adopted 
Amended 




36 .0003 
38 .0201 


Repealed 
Amended 




.0301 


Amended 




.0401 


Amended 




43M.0001 


Adopted 


COMMERCE 






4 NCAC 


IF .0306 


Temp. Amended 




5D.0106 
.0202 


Expires 6/27/87 

Adopted 

Amended 




.0204 


Amended 




16D.0302 


Amended 


CORRECTIONS 






5 NCAC 


2F .2301-. 2304 


Adopted 



GOVERNOR'S OFFICE 

9 NCAC 2 



Executive Order Number 32 
Executive Order Number 33 



HUMAN RESOURCES 

10 NCAC 



7A .0502 


Adopted 


7B .0211 


Amended 


8B .0614 


Amended 


9A .0006 


Amended 


26D.0014 


Amended 


41 F .0811 


Adopted 


42B.1003 


Amended 


.1101-1102 


Amended 


,1204 


Amended 


.1207 


Amended 


42C.1S02 


Repealed 


.1805 


Amended 


.1901 


/Vmcndcd 


.2001-.2002 


Amended 


.2006 


Amended 


.2207 


Amended 


.2209 


Amended 


.2212-. 2214 


Amended 


.2301 


Amended 


.2303-. 2305 


Amended 


.2402 


Amended 


.2404-. 2405 


Amended 


.2501 


/Vmcndcd 



NORTH CAROLINA REGISTER 



131 



LIST OF RULES AFFECTED 



.2505 


Amended 


.2703 


Amended 


.2003 


Amended 


.3101-. 3102 


Amended 


.3301 


Amended 


.3402 


Amended 


42D.1202 


Repealed 


.1301 


Amended 


.1403-. 1404 


Amended 


.1503-. 1504 


Amended 


.1602-. 1603 


Amended 


.1605 


Amended 


.1704-. 1705 


Amended 


46D.0103 


Amended 


49D.0001-.0003 


Adopted 



NATL RAl. RKSOLRCLS AND ( OMMLM lY DEVELOP.MENT 

15 NCAC 8B .0303 Amended 

8C .0002 /\mended 

SD .0004 Amended 

.0006 Adopted 

lOF .0314 Amended 

13N .0100-.0600 Temp. Adopted 

Expires 6/30/87 
16D.0201 Amended 

REVENUE 



17 NCAC 


6B .3802 




Amended 




6C.0102 




Amended 


TRANSPORTATION 








20 NCAC 


3 .0703 




Amended 


CPA EXAMINERS 








21 NCAC 


8A.0102 




Amended 




8B .0202 




Amended 




8C .0805 




Amended 




.0910 




.^mended 




8E .0201- 


.0202 


Amended 




.0204- 


0205 


Amended 




8F .0302 




Amended 




.0305 




Adopted 




.0401- 


0402 


Amended 




8G.0103 




Amended 




.0106- 


0109 


Amended 




.0204 




iAjncnded 




.0301- 


0306 


Amended 




.0407 




Amended 




.0408 




Adopted 




8L .0016- 


0017 


Amended 




.0020 




/\mcnded 




.0022 




.Amended 




34 .0126 




Adopted 




36 .0211 




Amended 


REAL ESTATE COMMISSION 






21 NCAC 


58A.0101 




Amended 




.1005 




Amended 




.1105 




Amended 




.1203 




Amended 



132 



SORTH CAROLINA REGISTER 



LIST OF RULES AFFECTED 



.1205 


Amended 


.1306 


Amended 


.1314 


Amended 


.1318 


Amended 


58B .0101 


Amended 


.0104 


Amended 


.0105 


Adopted 


.0201 -.0202 


Amended 



j\ORTH CAROLI\.4 REGISTER 133 



NC AC INDEX 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA 
AD.MINISTRATIA'E CODE 



TITLE 



DEPARIMENT 



1 

2 

3 

4 

5 

6 

7 

8 

9 
10 
11 
12 
13 
I4A 
15 
16 
17 
18 
19A 
20 
*21 
22 
23 
24 
25 
26 

NOrE: 



Admiiiistralion, Department of 

AOTL'ulture, Department of 

Auditor, Department of State 

Commerce, Department of 

Corrections, Department of 

Council of State 

Cultural Resources, Department 

Elections, State Board of 

Governor 

Human Resources, Department of 

Insurance, Department of 

Justice, Department of 

Liibor, Department of 

Crime Control, Department of 

Natural Resources and Community Development 

I'ducation, Department of 

Revenue, Department of 

Secretap,' of State 

Transportation, Department of 

Treasurer, Department of State 

Occupational Licensing Boards 

Administrative Procedures 

Community Colleges, Department of 

Independent Agencies 

Personnel, Dep;irtment of State 

Office of Administrative Hearings 

Title 21 contains the chapters of the various occupational 
licensing boards. 



CHAPTER 



LICENSING BOARD 



2 

4 
6 
8 
10 
12 
14 
16 
18 
20 
21 
22 
26 
28 
30 
31 
32 
33 
34 
36 
37 
38 
40 



Architecture, Board of 

Auctioneers, Commission for 

Barber Tlxammers, Board of 

Certified Public Accountant iLxamincrs 

Chiropractic Examiners, Board of 

Contractors, Licensing Board for 

Cosmetic Axi Examiners, Board of 

Dental Examiners, Board of 

Electrical Contractors, Board of Examiners 

Eoresters, Board of Registration for 

Geologists, Board of 

Hearing Aid Dealers and Eittcrs Board 

Landscape /Arcliitects, Licensing Board of 

Landscape Contractors, Registration Board of 

Law Examiners, Board of 

Martial & Earruly Therapy Certification Board 

Medical Examiners, Board of 

Midwifer>' Joint Committee 

Mortuary Science, Board of 

Nursing, Board of 

Nursing Home Admimstrators, Board of 

Occupational Therapist, Board of 

Opticians, Board of 



134 



SORTH CAROLINA REGISTER 



iXCACLXDEX 



42 Optometry, Board of Examiners in 

44 Osteopathic Examination and Registration 

46 Pharmacy, Board of 

48 Physical Therapy, Examining Committee of 

50 Plumbing and Heating Contractors, Board of 

52 Podiatry Examiners, Board of 

53 - Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and L^nd Surveyors 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



AOR TH CA R OL I.\A REGIS TER 135 



CUMULA TIVE L\DEX 



CUMULATIVE INDEX 

(April 1987 - March 1988) 



1987- 1988 
I'agcs Issue 

1-137 April 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

E - Errata 

EO - Executive Order 

FDL - Final Decision Letters 

FR - Final Rule 

GS - General Statute 

JO - Judicial Order 

ERA - List of Rules Affected 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary' Rule 

AD.MIMSTRATION 

State Employees Combined Campaign, 13 PR 

AGRICULTURE 

Pesticide Board, 13 PR 

COMMERCE 

Departmental Rules, 14 PR 

CORRECTION 

Di\ision of Prisons, 105 FR 
Parole Commission, 106 FR 

EXECUrn E ORDERS 

Executive Orders 34 - 42, 1 EO 

FINAL DECISION LEITERS 

Votmg Rights Act, 10 FDL 

HUMAN RESOURCES 

Mental Health Retardation 
and Substance Abuse. 15 PR 

INSURANC E 

I ifc Accident c't Health Dnision, 17 I'R 

JUS IK E 

Education and 1 rainuig Standards, !9 PR 



136 yORTH CAROUSA REGISTER 



CUMULA TIVE INDEX 



LICENSING BOARD 

Medical Examiners, 95 PR 

LIST OF RULES AFFEC lED 

Volume 12, No. 1 
(April 1, 1987), 13! LRA 

NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 

Coastal Management, 94 PR 
Environmental Management, 29 PR 
Marine Fisheries, 84 PR 

REVENUE 

Individual Income Tax, 107 FR 
Motor Fuels Tax, 108 FR 

STATE PERSONNEL 

State Personnel Commission, 96 PR 

TRANSPORTATION 

Motor Vehicles, 109 FR 



\OR TH CA ROUS A REGIS TER 137 



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